IEP Process

Description: The referral process is initiated after RTI interventions and accommodations have been attempted and documented. This process is the initial phase of the evaluation procedure to determine whether or not a disability exists, its type and degree, and the specific needs of the student. The referral process is usually initiated by the student's teacher, the student's parents or guardians, or both. Informed consent by parent/legal guardian must be granted before the evaluation begins per federal regulations.

The Referral Process:

• Timeline. After the initial referral, an evaluation meeting must be held within 15 days.

• Parent consent for a special education evaluation is mandatory. If parent consent is granted, then an evaluation is completed by the school support team. Schools have 60 days to complete an evaluation after a referral is made.

• Teachers identify an academic or behavior problem and requests student evaluation. Response to intervention, RTI, is used in many schools to help identify students with needs, as well as coordinate differentiated instruction in the general education setting. It may take several months to complete testing and make necessary placement and program changes to monitor students progress or lack of. If a students disability is obvious and clearly disrupts the student's learning, testing bipass may occur.

• RTI Tiers. Students who are meeting benchmarks are considered low risk and is placed in the Tier 1 category. Tier 2 category consist of students that have some risk, and are receiving tier 1 instruction along with interventions. The general education teacher and a school support team will monitor students in Tier 2 to determine if the interventions are effective (usually 6-8 weeks). Students that are not making adequate progress in tier 2 and require more intensive interventions are identified as at risk in the Tier 3 category. In the Tier 3 category, interventions are individualized and intensive.

• The school support team is responsible for determining if a student will benefit from additional services to make adequate progress. The school support team includes the general education teacher, special education teacher, student service coordinator, administrators, school counselors, and other personnel. A referral for a special education evaluation can be made by school personnel or parents.

• Parents are involved in many ways. Parents are often the ones who initiate the referral process (they are also required to be given written notice in case of any denials). They can also initiate mediation and due process procedures. Parents must also be given documentation of the attempts to deal with the situation in the classroom. Parents are also the best single source of information about the student, since they have raised that child since birth. They also must sign and return the referral form.

Description: The initial evaluation is to be comprehensive, covering both academic and functional performance. This initial data will form the foundation upon which the IEP is written. The process begins with a meeting to map out a plan and to provide the stakeholders with the opportunities to express their concerns. The plan specifies the methods of evaluation--for instance, which tests, interviews, inventories and observations will be utilized and by which member of the IEP evaluation team.

Procedural Requirements:

• Required timeline: The evaluation must be done within 60 days after receiving parental consent.

• How parents should be involved: They need to be included in the development of the evaluation plan. The rights of the parents are protected at all times. A copy of the procedural safeguards must always be given to the student's parents. Parents must be notified of all meetings pertaining to their child. They must also be notified if any changes that affect their child should occur. Parents will be made aware of their due process rights. They basically have the right to view all information pertaining to their child. They can also request independent evaluations at no cost. Parents should feel free to voice their concerns, as well as offer questions they would like to see addressed in the evaluation process. They should also share their insights about their child as much as possible.

• The process must be comprehensive

• The approach must be multidisciplinary in nature

Common Errors:

1. Evaluation summaries are not written clearly and concisely

2. Using interventions which are not research-based

3. Initiating referrals before ruling out language differences as a factor

4. Not using interpreters

Description:

The IEP (Individualized Education Plan) is a prescriptive program designed specifically for the classified student and developed by the IEP Team. The team should consider the child's strengths, the parent's concerns for enhancing their child's education, the results of the initial/ most recent evaluation , and the child's academic, developmental, and functional needs.

IEP team is composed of

1. one or both parent(s) or guardian(s);

2. at least one of the child’s regular education teachers who is or may be participating in the regular education environment;

3. at least one special education teacher if the student is receiving—or may be classified to receive—special education services;

4. a representative from the school district who is qualified to provide or supervise specially designed instruction to meet the child’s unique needs and is knowledgeable about the general curriculum and availability of resources;

5. an individual who has evaluated the child and can interpret evaluation results; other participants—such as advocates, counselors, and remedial specialists—who take part at the discretion of the parent and school personnel;

6. and the student, whenever possible. When transition services are discussed, however, the student must be present

Procedural Requirements

1. Present level of academic achievement and functional performance (PLAAFP) based on what the student can and cannot do compared to other children of a similar age.

2. Statement of measurable annual goals, including academic and functional goals, designed to meet the needs resulting from the child's disability and enable the child to be involved in, and make progress in, the general education curriculum and other educational needs.

3. Evaluation procedures and schedule, which is a description of how the student’s progress toward meeting the annual goals will be measured and when these periodic progress reports will be provided (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards).

   • Formative Assessment

   • Summative Assessment

4. A statement of special education, related services, and supplementary aids and services is issued, based on peer-reviewed research to the extent practicable, and a statement of the program modifications or supports for school personnel that will be provided for the child to advance appropriately toward meeting the annual goals.

5. An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in curricular and extracurricular activities. (LRE)

6. Statement of any individual appropriate accommodations necessary to measure the child’s academic achievement and functional performance on state and district-wide assessments

7. Projected date for the beginning of the services and modifications as well as their anticipated frequency, location, and duration.

8. Transition planning to prepare the student for the post–high school year. This planning must begin no later than the first IEP in order to be in effect after the child is 16 and updated annually thereafter. The IEP must include appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and—where appropriate—independent living skills and transition services (including courses of study) needed to assist the child in reaching these goals

Required Timeline:

• Meeting to develop IEP must be conducted within 15 days of receiving parent consent to accept special education services, but no more than 30 days from the eligibility determination date.

• Determined by the IEP team (variety of educational professionals, student's parents, and student (when appropriate)) to document:

  • student's academic/functional needs

  • measurable annual goals that are reasonably calculated to enable meaningful progress

  • services and supports the student receives:

    • which educational professionals provided

    • frequency and duration of services

    • settings where the services will be delivered (a.k.a. placement)

  • method and time frame for student progress monitoring

  • mode and frequency of progress communication with student's parents

Parent Involvement:

• Parents have the right to review all records related to evaluation, eligibility, placement, and disciplinary actions

• Copies of evaluation reports and documentation determining disability must be provided to parents and should be regularly informed about the child's educational progress

Common Errors

• Determining placement before programming

• Failing to include required IEP components

• Failing to include all of a student's educational needs in the PLAAFP

• Failing to write challenging, ambitious goals, and measurable annual IEP goals

• Failing to provide special education services that address all of a student's educational needs

• Placing students for reasons unrelated to their individual needs

• Failing to adhere to the continuum of alternative placements

Description:

Special education supports and services provided by educational professionals are outlined in the IEP (Speech pathologist, special education teacher, therapists such as occupational or physical, etc.).

Procedural Requirement

Placement decisions are based on the student’s individual needs, skills, and abilities. The Education for All Handicapped Children Act mandates that students with disabilities must be placed in the least restrictive environment (LRE). This means, to the maximum extent appropriate, that children with disabilities—including children in public or private institutions or other care facilities—must be educated with children who are not disabled. Thus, placement in special classes, separate schooling, or other removal of children with disabilities from the regular educational environment may occur only when the nature or severity of the child’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved (IDEA Section 612(a)(5)(A)).

Required timeline:

• Must take place as soon as possible after IEP is developed

School team/ School members that will be working with the child:

• Must implement IEP supports and services as soon as the IEP is developed.

• Receives a copy of the IEP to understand the student's plan and expectations.

• Reviews confidentiality rules with administration.

• Understands their role and responsibility for IEP implementation.

• Understands the accommodations, modifications and supports that must be provided to the student.

Parent Involvement:

• Parents are meaningfully involved.

• Establish and maintain open lines of communication.

• Check in with parents a week or two after implementation to give updates or ask about any concerns.

• Frequently inform parent's of their child's progress towards meeting their IEP goals and objectives.

• Involve parents in any IEP changes.

What if student is not meeting goals:

• IEP team meets to determine possible reasons for the students lack of progress and makes adjustments accordingly.

Common Errors

• Failing to monitor student progress.

• Failing to implement services and supports with fidelity.

• Failing to involve the student's parents.

Description: The annual review process is the initial phase in the program evaluation process. The IEP team reviews the child’s IEP periodically—but at least annually—to determine whether the annual goals are being addressed. The IEP is revised, as needed, to address ...

• (a) any lack of expected progress toward the annual goal and in the general education curriculum

• (b) the results of any reevaluation

• (c) information about the child provided to or by the parents

• (d) the child’s anticipated needs or other matters.

Timeline: The annual review must occur within 12 months following the development of the previous IEP.

Procedural Requirements:

The purpose of the annual review is to ensure that students’ placements and IEP instructional programs are current and appropriate. However, according to IDEA 2004, the parent of the child with a disability and the LEA may agree not to convene an IEP meeting for the purposes of making such changes and instead may develop a written document to amend or modify the child’s current IEP. Upon request, the parent shall be provided with a revised copy of the amended IEP. In addition, the student is encouraged (when appropriate) to participate in developing the annual review IEP. The teacher most knowledgeable about the student’s day-to-day functioning is also required to attend the annual review. This teacher may be the special education teacher; however, if the student is or will be attending a general education class, a general education teacher must also participate in the development of the IEP by contributing to the classroom perspective.

Common Errors:

• Failure of compliance with student (and parents)

• Lack of adequate input from SPED and/or general education teacher

Description: The reevaluation process is a safeguard designed to prevent students with disabilities from remaining in services or programs that are no longer appropriate for them. It is very similar to the initial evaluation process.

A three-prong test is usually applied:

1. Does the student continue to have a disability?

2. Is the disability adversely affecting the student’s involvement and progress in general education?

3. Does the student continue to need special education and related services as a result of his/her disability?

Procedural Requirements: Reevaluation is required if the LEA determines that educational or related needs, including improved academic and functional performance, is warranted.

• Shall occur at least once every 3 years

• A reevaluation may not occur more than once a year, unless the parent(s) and LEA agree otherwise. However, it should occur at least once every three years, unless the parent and LEA agree otherwise.

• Reevaluation may also be completed earlier if the student has made significant progress and declassification is being considered. Students may be declassified if, through the evaluation process, the IEP team determines that they no longer meet the criteria for classification and are therefore no longer eligible to receive special services.

• Reevaluation may be warranted before the mandated three-year period if parents, teachers, or school personnel are concerned about the student’s slow progress or lack of progress and feel that the student’s prescribed program needs to be revised.

• A student must also be reevaluated when the student has serious disciplinary problems and the school district is contemplating instituting a long-term suspension or expulsion.

Common Errors:

• Failure of presenting proper parental consent

• Failure to provide same testing from first evaluation for student to be reevaluated