Chapter 4 IEP, IFSP, and IIIP Program Planning Process The purpose of the IEP, IFSP, and IIIP is to provide a written record of the decisions made at a team meeting where parent(s) and school personnel jointly collaborate about an educational program for a student with a disability. This documentation will refer to the IEP, but includes all 3 plans unless otherwise noted. Individual Education Program (IEP): This plan is for students who qualify for and receive special education services from the public school district. Individual Family Service Plan (IFSP): This plan is written for families whose children are Birth to 3 years old Interagency Individual Intervention Plan (IIIP): This plan is offered when a student is receiving services from another public agency in addition to the public schools (i.e., county services, Head Start, Child protection, parole office). Developing the Education Plan The IEP team must consider the strengths of the child, concerns of the parent, recent evaluation results and educational needs, and the role of the regular education teacher when determining special education services, appropriate positive behavioral interventions, and program modifications. Types of IEP’s Initial: After eligibility has been determined and the student is in need of special education services, the first IEP developed is considered to be the initial IEP. Annual: After initial placement has been made, the annual IEP is the plan that is developed each year that the student receives special education services. 4-1 10/1/09 Interim IEP: In 622, when the team is determining appropriateness of the placement or resolving questions regarding the content of the IEP, an interim IEP may be written for a period of no more than 60 calendar days. Timelines IEPs: An Initial IEP must be developed within 30 calendar days from the date of the initial evaluation report that determined that the child is eligible and in need of special education and related services. For initial placements, an IEP must be written with in 30 calendar days from the date documented on the evaluation report. Written parent consent must be obtained prior to initiation of services. For annual IEP meetings, the parent must have 14 calendar days to consider the proposed IEP prior to the expiration of the previous plan. The current IEP expires one year from the date of the team meeting. Therefore, you should count back 14 calendar days from the expiration date and make sure the proposed plan is sent on or before that day. For example, if an IEP is due 11/30/08 you would need to send the document home for the parent to sign by 11/16/08. You will want to give yourself enough time to have a meeting and write the document prior to sending this out. IFSPs: An IFSP team meeting to develop and initial IFSP must be held within 45 calendar days from the date of referral. An annual review of the IFSP must occur prior to the twelve-month expiration of the current IFSP. An interim IFSP may be written before the completion of the evaluation in those instances when early intervention service is needed immediately. Parental consent must be obtained. The plan must include the name of the service coordinator and the services to be provided. The evaluation must still be completed within 45 calendar days unless exceptional circumstances are documented. IEP Team An IEP team is a group of individuals knowledgeable about the child who come together to make school programming decisions based on evaluation data. 4-2 10/1/09 The following individuals are considered members of an IEP team for a child with a disability: IEP Manager: The IEP manager is a licensed special education teacher or related service provider who is a member of the pupil’s IEP team. As IEP manager, he/she coordinates the delivery of the special education instruction and related services, serve as the primary contact for the parent, and schedules team meetings. District 622 requires IEP managers to assure compliance with procedural requirements, communication and coordination among home, school, other agencies and regular and special education staff, and facilitate placement. Parents: The IEP Team shall include one or both parent/guardians. A meeting may be conducted without the parents in attendance if the school district is unable to convince the parents that they should attend. Records of attempts to arrange a mutually agreed on time and place should be evident in the due process record. Keep detailed phone logs, copies of correspondence, and noted visits made to the parent’s home or place of employment. The Definition of Parent includes: a legal guardian; a natural, adoptive, or foster parent of a child (unless a foster parent is prohibited by State law from serving as a parent); a guardian (but not the State if the child is a ward of the State); an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom a child lives; or an individual who is legally responsible for a child’s welfare, or Surrogate(as appointed through district processes): See Chapter 7 for more information. Student (when appropriate): If appropriate, the student should attend the IEP meeting. During grade 9, the student must be invited to attend the IEP meeting but is not required to attend. Special Education Teacher: Either the IEP manager or the special education teacher should be knowledgeable of the child’s disability. General Education Teacher: At least one general education teacher of the child should participate. 4-3 10/1/09 Representative of the School District: A representative should be qualified to provide and/or supervise specially designed instruction to meet the needs of the child. They must be knowledgeable about the general education curriculum, and knowledgeable about district resources. Other Individuals at the Parents or Districts Discretion: Other individuals who have knowledge or special expertise regarding the child (ex. Cultural liaison, advocate, etc.) may participate in the IEP meeting at the discretion of the parent or district. Administrative Designee In the event that the principal is unable to attend, an administrator will designate a licensed special education staff member who is not currently a service provider to act in this capacity. Any special education staff member can serve as a designee as long as the staff member does not provide special education services to the child. If questions arise in a situation regarding the commitment of district resources that cannot be answered, an additional meeting may be scheduled to address these concerns. Notice of Team Member Participation at an IEP Meeting The purpose of this form is to invite and inform parents of an IEP meeting proposed by the school district. This notice also provides parents with the names and titles of persons expected to attend the meeting. An IEP team member is not required to attend a meeting if the parents and the district agree in writing that the members attendance is not necessary because either the members area of the IEP is not being discussed in the meeting or prior to the meeting, the member submits written input regarding the development of the IEP to the parents. In this situation, a written agreement will be presented to the parent providing a written explanation of nonattendance by team member. This document is signed by the parent and maintained in the students due process file. 4-4 10/1/09 The district must document that parents were invited to and informed of a team meeting. Check the appropriate box or boxes to indicate the purpose of the meeting. Document attempts to plan meetings in writing or in Campus contact log. It is recommended that if parent does not respond after 2 reasonable attempts to schedule meeting, the IEP meeting may proceed. Attach a copy of the Notice of Procedural Safeguards annually, and initial and date the note at the bottom of the Notice of Team meeting form. Special Situations when Determining Team Membership For a pupil who is provided instruction by a multidisciplinary team, the IEP team will consult with a staff member licensed in the pupil’s disability to work with the IEP team whenever the IEP is developed, reviewed, or revised. This individual’s name must appear on the notice of team meeting and IEP team membership, but does not necessarily need to attend the meeting. The IEP team shall include a person knowledgeable concerning racial, cultural, or disabling differences of the pupil, if appropriate. When the student has a non-resident agreement in 622, the team must invite a member from the resident district to attend the meeting. A copy of all paperwork (ex. IEPs, ERs, etc.) must be sent to the resident district. To appropriately assess and plan for a student’s secondary transition services, additional team members may include vocational education staff members or other community agency representatives. Coordination of Interagency Services: The team may request the resident county to provide a representative to assist the IEP team when determining existing health, mental health, or other support services administered by the county. Adopting an IEP From Another State: Immediately, the building administrator (or a designee) shall immediately undertake efforts to obtain the complete educational records from the previous district. A team must meet to develop an evaluation 4-5 10/1/09 plan, evaluate the student and determine whether the student meets initial Minnesota eligibility criteria. This new evaluation is considered an initial evaluation, and teams must apply initial criteria. Special education services must be provided through an interim IEP during the evaluation period. Formal testing may not be required if the evaluation data provided by the previous school district meets professional testing standards. Teams must review and document existing data and address Minnesota initial eligibility criteria in the evaluation report. From Another Minnesota School District: Immediately, the building administrator (or a designee) shall immediately undertake efforts to obtain the complete educational records from the previous district. A team must meet to review the evaluation report and eligibility. If the team agrees with the current determination, a team meeting is held to adopt the existing IEP or develop a new one. If the team determines a new evaluation is necessary, an evaluation plan is developed to evaluate the student and determine whether the student meets Minnesota eligibility criteria. This new evaluation is considered a reevaluation. Special education services must be provided through an interim IEP during the evaluation period. From Minneapolis SNAP: A team must meet to review the evaluation report and eligibility. If the team agrees with the current determination, a team meeting is held to adopt the existing IEP or develop a new one. If the team determines a new evaluation is necessary, an evaluation plan is developed to evaluate the student and determine whether the student meets Minnesota eligibility criteria. This new evaluation is considered a reevaluation. Special education services must be provided through an interim IEP during the evaluation period. 4-6 10/1/09 IEP Components Initial and Annual IEP Dates to be Recorded IEP Meeting Date: Date of IEP meeting (ex. 2/13/06) IEP Start Date: Date of projected start of IEP (2/20/06) IEP End Date: One year minus a day after projected start date (2/19/06) Evaluation Date: Date of most recent comprehensive evaluation Interim IEP The IEP End Date would be 60 calendar days or less from the date the IEP was implemented. IEP Demographic Information Student and Parent Information: Review this information for accuracy and request changes through your building secretary. IEP Manager: Verify this information is accurate. Changes can be made under the Team tab in Campus. Primary/Secondary Disability: Verify this information is accurate according to the evaluation report. Changes can be made under Enrollment Status in Campus. For example: Primary Disability is Specific Learning Disability, Secondary Disability is Speech/Language Impaired. Federal Settings: Verify this information is accurate. Changes can be made under Enrollment Status in Campus. Special Education Status: Verify this information is accurate. Changes can be made under Enrollment Status in Campus. Progress Reporting The frequency and method of reporting progress must be addressed in this section of the IEP. State how often the parent(s) will be informed of the child’s progress. Progress must be reported to parents at least as often as progress of the child’s peers without disabilities is reported. The frequency of reporting is based on the district progress reporting schedule and could vary from 4-7 10/1/09 district to district, building to building, and/or level to level (e.g., high school, middle school, elementary) within a district. Describe the method(s) to be used to report progress to parents. IDEA 2004 regulations indicate that written reports are sufficient, although in some instances, a meeting with parents (which does not have to be an IEP team meeting) might be more effective. In addition to written reports, face-to-face conferences and phone calls might also be used. If written reports are used as a method of reporting, these reports must be filed with the student’s special education record. Example: 1st Semester: Written Progress Report, 2nd Semester: IEP Meeting, and 3rd Semester: Written Progress Report Present Levels of Academic Achievement & Functional Performance (PLAAFP) and Educational Needs The PLAAFP explains how the student’s disability affects his/her involvement and progress in the general education setting. For preschool children, include how the disability affects participation in appropriate activities. In District 622, the student need will be identified in the PLAAFP section of the IEP. There must be a direct relationship between the PLAAFP, educational need and the goal. PLAAFP statements should be in language understandable to the parent. It should be written in objective, measurable terms with enough information to provide a clear picture of the child. These statements should include specific skills and behaviors learned. Continue writing about the specific skills or behaviors that the student needs to learn based on classroom performance, informal measures, or observations. Lastly, complete the statement by writing a student needs statement about the specific skills or behaviors that will be addressed. PLAAFP statements should not include the services being provided, instructional settings, or materials or instructional methods. When an initial or reevaluation has been completed during the time when an annual IEP meeting is 4-8 10/1/09 being conducted, the evaluation report may be substituted in place of the PLAAFP statements. Goals and Objectives The IEP must include a statement of measurable goals including benchmarks or short-term objectives related to meeting the needs of the child. When writing annual goal(s), the goal must contain three components: direction of change skill/behavior to be changed expected annual ending level of performance Each goal must have a minimum of two objectives or benchmarks that are steps that lead toward the obtainment of the goal. When writing objectives or benchmarks, the following components must be included: conditions for evaluation skills to be performed criteria for evaluation evaluation procedures Adaptations in General Education and Special Education Supplemental aids and services are defined as aids, services, and other supports that are provided in general education classes or other education related settings to enable children with disabilities to be educated. Describe the specific adaptations that will be made available to the student or school personnel to enable the student to advance toward attaining his/her annual goals and to be involved in and progress in the general curriculum. When documenting the need for adult assistance, provide a statement of how the paraprofessional will support the student’s program in relation to the student’s needs and or the identified goals and objectives. When a paraprofessional is assigned to an individual student, clearly describe the duties and responsibilities in this IEP section. Describe the activities, supports or procedures the student will need from the assigned paraprofessional. Also 4-9 10/1/09 include a statement of what skills will be developed and what efforts will be made to decrease the use of a paraprofessional. Special Education Transportation: Students will need special transportation if 1) they live outside the attendance area of the school where their program is located. Normally, these students could ride the regular bus, but must have transportation because it is the only way to transport the student to their program, or 2) their disability and educational needs require specialized transportation to accommodate for. If the special transportation is because of reason one listed above, state that the student requires special education transportation to access the special program in district. Example statement: Joey will need special transportation to access his/her special education program, since he lives outside the attendance area where his special education program is located. If the special transportation is because of reason two, state that the student requires special education transportation because of their disability. Example statement: Jose will need special transportation to accommodate needs derived from his disability. He will need a lift bus and curb to curb pick up and drop off. Please note that special handling needs and health concerns should be completed verified by the case manager. It’s important to note if the student needs a bus aide (approval by coordinator), needs a lift bus, or if the student wears a harness. Special Factors Special factors that may also be addressed in the adaptation section of the IEP: Visual Impairment: For students who are legally blind and for whom Braille is recommended, indicate how Braille will be integrated into other classroom activities. For all students who are legally blind, indicate how information about Braille will be given to all IEP team members, including parents. 4-10 10/1/09 English is a Second Language: For students who are not English proficient (LEP) and for whom English is a Second Language (ESL) and/or bilingual services (interpreters, etc.) are provided, identify those services and how they are coordinated with special education services. LEP students with disabilities are also entitled to receive English as a Second Language or Bilingual Education services as provided under MS 126.262. Information regarding the types of ESL or Bilingual Education services and how those services will be coordinated with special education and related services should be stated this section. Assistive Technology: If a student is in need of any assistive technology to help with written work or to allow the student to communicate, etc., state that information and how the device(s) will be used in the school and/or home. Deaf/Hard of Hearing: Consider the communication needs of a student who is deaf or hard of hearing and indicate if an interpreter is required or if there are any other methods being used to supplement the student’s communication efforts. Behavior Intervention Plans: For a child whose behavior(s) impedes his or her learning or that of others, the IEP team shall consider strategies, positive behavioral interventions, and supports that address the behavior. Consideration of a behavior intervention plan should be developed if a Functional Behavioral Assessment has been conducted. Behavior intervention procedures must focus on skill acquisition rather than behavior reduction or elimination. Assistive Technology Assistive technology devices are any item, piece of equipment, or product system (software) used to increase, maintain, or improve the functional capabilities of a student with disabilities. The term “assistive technology” encompasses a broad range of assistive devices from “low tech” to “high-tech” learning tools. Low-tech examples: pencil grips, highlighters, paper stabilizers. 4-11 10/1/09 High-tech examples: computers, voice synthesizers, Braille readers. The decision whether a student with disabilities requires an assistive technology service and/or device in order to benefit from her or his education program is an Individualized Education Program (IEP) team decision. In making this decision the IEP team must consider the individual student’s assistive technology needs in relation to his or her education program. In accordance with the IDEA, the school district must ensure that assistive technology devices or assistive technology services are made available to a child with a disability if required as a part of the child’s special education or related services in order to receive a free appropriate public education (FAPE). The determination as to what is an appropriate program for each student must be identified in the IEP. There must be a relationship between the educational needs of the student and the assistive technology device and/or service. Assistive technology services and devices must be provided for the student, in accord with the IEP, at no cost to the parent. The school district is responsible for ensuring that the assistive technology device(s) identified in the student’s IEP is in working order and if it is lost or stolen that the device is replaced. If the device is broken, the district must provide repair or replacement, as appropriate. Documenting the Need for Assistive Technology The school district is required to evaluate a student in all areas of suspected disability including, if appropriate, evaluating the student’s need for assistive technology. Obtaining an Assistive Technology Device Once it has been determined to obtain an assistive technology device for a student, it is not possible to set a specific time period. However, once an assistive technology device is determined necessary for the student’s instructional program, the district must implement procedures necessary for obtaining the device without unnecessary delay. When a delay is anticipated 4-12 10/1/09 (e.g., equipment is on backorder from the company) it is best practice for the school to inform the parent and to implement procedures to ensure that the student has access to the instructional program. It may be possible for the district to rent, borrow or lease an appropriate device in the interim. Special Education & Related Services Record the type of service, frequency and duration of service, location of service, and the amount of time for direct or indirect service. Also record any interagency services provided. Note the projected start date and duration of service. Type of Service: Indicate what type of services the child is receiving (SLD, speech-language, etc.) Anticipated Frequency and Total Minutes per Session: Frequency and duration of time the child receives special education services. Location of Services: Indicate where services will be provided by checking regular or special education. When services are provided in both general education and special education settings, they should be reflected as 2 separate entries on the service grid of the IEP. Direct Service: Direct Services mean special education services provided by a teacher or related-services professional when the services are related to instruction, including cooperative teaching. Indirect Service: Indirect services means special education services such as cooperative planning, consultation, demonstration teaching, modification and adaptation of the environment, curriculum, materials or equipment, and direct contact with the pupil to monitor and observe. Discontinuing a Related Service Related services can be discontinued at an IEP team meeting without conducting a reevaluation of the child as long as the child will continue to receive special education services related to his/her primary disability. Staff should provide a written summary of the progress on the goals/objectives that are being serviced by the related service provider. This 4-13 10/1/09 data should be discussed at an IEP team meeting with the parent. The updated summary should be placed in the current PLAAFP. Least Restrictive Environment The IEP must include an explanation of the extent to which the child will not participate with non-disabled peers in the regular class or other activities. In other words, identify what core subject areas the child is missing when receiving special education services. Extended School Year When determining extended school year services, the following criteria must be addressed: Does the student experience significant regression in the absence of an educational program, and does the time required to relearn the skills be excessive, or do the effects of the breaks in programming prevent the student from attaining the state of self-sufficiency that the student would otherwise reasonably be expected to reach? ESY is required only when there is documented significant regression and evidence of excessive time to relearn skills or prevents reasonable state of self sufficiency. To determine whether a student qualifies for ESY services, IEP teams should utilize the ESY documentation worksheet provided on the district’s website. This worksheet should be placed in the student’s due process folder. ESY is not to maximize potential; ESY is only used to counter nonrecoupable regression; ESY is used only if the student would be in significant jeopardy come the regular school year; ESY is the exception, not the rule; ESY is not to “benefit”, and ESY is provided only to maintain skills. The district will offer a center-based option for Extended School Year. The students will attend a district site for a set number of hours and days determined each year by the administrative team. Other options to meet the ESY standards could include but are not limited to; work packets sent home to focus on a specific skill for the family to utilize 4-14 10/1/09 during the identified breaks in service, access to computer programs that work on critical skills; consultation time from any special education team member to give the parents a list of activities that will support critical skills. If teams are considering an alternative way to maintain students’ critical skills, they must contact their special education coordinator to discuss options. Altered School Day This refers to altering the length of time that a student is at school as compared to other students in the same grade level. An altered school day is sometimes used for students with medical or mental health needs. Altered School Day is a team decision based on the students needs, it is not to be used as a means to discipline the child. Any days altered due to disciplinary reasons apply to suspension as outlined under the Pupil’s Fair Dismissal Act. District/Statewide Assessments This testing is required for district and statewide accountability. Different tests are administered in different years. Consult your building principal or the District Evaluation Coordinator for the testing. Exemptions: Currently, there are no “exemptions.” If the team feels a student is incapable of taking a given test, even with accommodations, provide an explanation regarding this decision and what alternative assessment process will be used instead. The completion of the student’s IEP goals and objectives will then serve as the criteria for awarding a high school diploma. a. Minnesota Comprehensive Assessment (MCA): Complete this section for MCA’s administered during the student’s annual IEP year. In some instances, teams may be addressing MCA testing given in two different grade levels. Students must take this test without modifications but may have accommodations. Describe any accommodations that may be used. b. District Initiated Assessments: This includes the Measures of Academic Progress (MAP), indicate whether or not accommodations are necessary for this student and specify the accommodations. In our district there is no alternate assessment for the MAP. 4-15 10/1/09 If necessary, provide state accommodations, as appropriate, to assist the student in taking each of the assessments. Additional information about accommodations is available in a handout entitled "Basic Standards Testing Guidelines for Accommodations, and Exemptions for Students with IEP's or 504 Plans" available from the Minnesota Department of Education, Division of Special Education Policy. Alternate Assessments Students with significant cognitive disabilities who are not able to take a test as designed, even with one or more accommodations, or in the case of the BST. Student’s IEP team determines that there are no accommodations that would enable the student to obtain a meaningful score on the test. Then and only then should an Alternate Assessment be considered and the IEP must reflect this. There is no limit on the number of students who can take an alternate assessment; however, there is a 1% district cap for AYP purposes on the MCA. If a student is being administered an alternate assessment, contact your building test coordinator for testing forms and instructions. Because alternate assessments are used to calculate a districts adequate yearly progress (AYP) under No Child Left Behind (NCLB), not reporting alternate assessment results could lead to potential consequences for schools. For district wide assessments (NWEA), a student is exempt from the district and MCA assessments, they only need to complete the MTAS once in the year (for both tests). Secondary Transition Secondary Transition Service Needs: During the student’s grade nine IEP, identify transition levels and needs in the PLAAFP section of the IEP. A statement of transition needs should relate directly to the student’s post school plans and show how planned studies are linked to post-school outcomes. The student’s performance in any of the five secondary transition areas may also be 4-16 10/1/09 described in PLAAPF section of the IEP during the students 9th grade year and annually thereafter. Secondary Transition Goals and Activities: Based on the secondary transition need statements in the PLAAFP, document the measurable post secondary goals. IEP teams do not need to have a goals in every area. • Education and Training • Employment, and • Independent Living Align supported activities & agencies with measurable goals. Identify Courses of Study in the graduation plan that promote the movement toward the student’s post-school goals. Courses of study may include advanced placement courses, PSEO, career and technical courses, work-based learning, or family and consumer sciences. Identify instructional services and related services to support community participation, employment, post-secondary education/vocational training, independent living and recreation and leisure. Identify interagency responsibilities and any needed linkages to post school goals. Transfer of Rights at Age Majority: Prior to the student’s 17th birthday, the student must be informed of the rights that will transfer to him/her upon reaching the age of majority (18), unless a legal guardian or conservator has been appointed. Indicate the date this occurred, if appropriate. Prior Written Notice The purpose of this form is to provide required written notice to the parents of a child with a disability a reasonable time before the district proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child. The district must serve the notice on the parent within a reasonable time and in no case less than 14 calendar days before the proposed effective date of change or evaluation. If the notice only includes a refusal of a request, it must be served on the parent within 14 calendar days of the date the request was made. 4-17 10/1/09 Notice Requirement & Procedural Safeguards A copy of the procedural safeguards must be given to the parent upon referral for evaluation, upon notification of an IEP meeting, upon re-evaluation, and when there is a request for due process hearing. Reinstatement of Special Education Services Pupils who are discontinued from all special education services may be reinstated within 12 months if the student demonstrates a need for special education services, data on the student’s present levels of educational performance are available and an evaluation had been conducted within the past three years. The district is not required to document the two pre-referral interventions or conduct a new evaluation. Graduation/Aging Out Upon completion of secondary school or the equivalent, a pupil with a disability who satisfactorily attains the objectives on his/her IEP must be granted a high school diploma that is identical to the standard diploma issued to all students. This does not require an evaluation, but a team meeting should be held to update progress. IEP teams must complete an Exit Report and send parents the Prior Written Notice stating that all special education services are being terminated. The Data Input form must also be completed and sent to special services. Exit Reports Exit summary reports are completed when a student is exited from special education services due to graduation or aging out. The report must provide a summary of the student’s academic attainment status and include any recommendations about future anticipated service needs. Student Data Input Form If an IEP has changed for a student and rewritten, case managers must submit a Student Data Input form to special education services department. See 4-18 10/1/09 Chapter 15 of this Due Process Manual for description of when to use this form, directions for completing the form and a copy of the student data input form. Accessibility & Accountability of IEP’s Accessibility: All school staff who work with the student must have accessibility to the student’s IEP as it relates to accommodation, modifications, and supports that must be in place to support the IEP program. All parents must be given a copy of an IEP at no cost. Accountability: Provision of Services: The district must provide special education and related services to a child with a disability as noted on the child’s IEP and must make good faith efforts to assist the child to achieve the goals listed on the IEP. Individual Interagency Intervention Plan (IIIP) The IIIP documents participation of more than one public agency in providing services for a student. This is applicable to those any student birth through 21 years of age eligible for special education and receiving services from one other public agency and their families. They may include services from: • Maternal and Health Program • Individuals With Disabilities Education Act (IDEA) • Medical Assistance • Developmental Disabilities Assistance and Bill of Rights Act • Head Start Act • Rehabilitation Services • Juvenile Court Act • Children’s Mental Health Collaboratives • Family Service Collaboratives • Family Community Support Plan • Minnesota Care Program • Local Public Health Act • Community Social Service Act • Community Interagency Transition Committees (CTIC) 4-19 10/1/09