Monitoring and Compliance Updates

From Monitoring & Compliance

2019-20 High School Monitoring Project

In preparation for the MDE Self-Review Monitoring in 2020-21 the MPS Monitoring & Compliance Team will be reviewing one file from each special ed teacher at the following schools: Roosevelt and North (Drid Wilson), South and Washburn (Cindy Atsatt), Southwest and Edison (Nolan Murphy) and Henry and Transition Plus (Kim Mesun). The plan for the review is to look at a file chosen by the teacher to review for compliance so that we are better prepared when the actual MDE monitoring begins. This is to be a teaching opportunity for the staff. Each of the schools has been contacted and student file names have been selected. We hope the staff involved find the review to be helpful.

Progress Reports

Most MPS schools issue 4 report cards to their students per school year, one each quarter. Consequently, special education students in these schools must receive 4 written progress reports each school year, done quarterly. The 1^st quarter ended on Oct. 31. Every special education student in schools with quarterly report cards should have received their 1^st progress report for the 2019-20 school year by Nov. 1. If you have not done one yet, a progress report should be done ASAP covering the 9/3/19-10/31/19 period.

ICYMI (In case you missed it)

New Students – can the school serve the student’s IEP?

At the start of a new school year, schools often get students from other districts or other MPS schools. It is critical that if a new student arrives, the assigned case manager reviews the student’s IEP to see if the IEP can be served at the current school as is or if amendments need to be made. A student is entitled to receive the services set out in their IEP as those services are written in that IEP. In cases where a student comes from another district, the obligation is to provide services “comparable” to those in the student’s out of district IEP. If the IEP needs to be amended, the IEP amendment process needs to be followed to make the changes. This process involves either the school staff discussing needed changes and then contacting the parent to further discuss those changes. Staff need to actually talk with the parent about the amendment. If the parent cannot be reached, an IEP meeting needs to be set up to discuss the amendments. Once parent contact occurs, the proposed IEP amendments can be made to the IEP document and the amended document with the Prior Written Notice for Amended IEPs need to be sent to the parent. When parent consent is received to the amendment(s), either written consent or waiting the 14 calendar day implied consent period, that amendment becomes effective. Also, don’t forget about changing the start day on any amended services.

When working with students coming from other districts, remember to refer to the MPS FAQs if you have questions. The FAQs can be found at https://minneapolispublicschools.sharepoint.com/sites/SPED/Shared%20Documents/FAQs%20top%2016%208.8.17.pdf or go to the MPS website and sign in as staff. Then go to the Depts. drop down and select Special Education. Once there go to Monitoring and Compliance and you will see the FAQs as one of the Quick Links.

FAQ No. 5:

5. Student is from another state with an IEP from that state. What do we do when:

a. Student has never been evaluated for special education in MN?

b. Student was previously evaluated in MN?

c. If the IEP from the other state is not current (more than one year old)?

ANSWER:

a. Student has never been evaluated for special education services in MN.

A student with a current IEP from another state must be provided with services "comparable" to those set forth in the out-of-state IEP unless the MPS IEP team meets to make any significant changes needed to the out-of-state IEP to allow services to be provided to the student while an initial MN evaluation is being completed. If “comparable” services can be provided without the need for significant changes to the out-of-state IEP these services should be provided while the MN initial evaluation is being completed. An Evaluation Planning meeting should be convened and an Evaluation Plan for an initial MN evaluation drafted and sent to the parent no later than 30 calendar days of the student’s enrollment in MPS. The school can use the data from the previous school as part of the initial MN evaluation. Additional information/testing of the student may need to be done as part of the initial MN evaluation depending upon the data available from the previous school. After the initial MN evaluation is completed and if the student is found to qualify for special education services in MN, an initial MN IEP needs to be drafted based on the results of that initial evaluation.

If the student does not qualify under MN state criteria, a Notice of District Action form needs to be sent to the parent indicating that the child does not qualify for special education services in MN and therefore, his/her special education services will be ended. It will be a rare occurrence that a student qualifies in another state but not in MN and a team may need to consider whether use of the override process is appropriate taking into consideration that the student had reached his/her current educational level because he/she was previously provided special education services and then ask what would happen if those services were suddenly ended.

b. Student has previously been evaluated in MN.

A student with a current IEP from another state must be provided with services "comparable" to those set forth in the out-of-state IEP unless the IEP team meets to make significant changes to that IEP. If the MN evaluation report is within the last 3 years and you have a copy of it, you can use that evaluation report as the student’s MN evaluation and you do not need to do another MN evaluation until the 3-year reevaluation deadline. You also do not need to do a MPS annual IEP until the annual deadline of the out-of-state IEP. If the MN Evaluation Report is more than 3 years old or you do not have a copy of the previous MN Evaluation Report, a new reevaluation will need to be done. An Evaluation Plan for the reevaluation should be prepared and sent to the parent no later than 30 calendar days after the student’s enrollment in MPS.

c. If the IEP from the other state is not current (more than one year old).

(1) If the student has never been evaluated in MN before, an interim IEP needs to be prepared immediately and the parent’s consent will be needed to this interim IEP. Best practice would be for this consent to be in writing. This interim IEP is needed to provide special education services to the student. [Remember, no current IEP, no IEP services.] The school should also immediately start the initial evaluation process culminating in an initial IEP if the student qualifies in Minnesota. The Evaluation Plan should be drafted and sent to the parent no later than 30 calendar days from when the student enrolls in MPS.

(2) If the student has been evaluated in MN before and that MN evaluation is current, the school needs to prepare an annual IEP immediately that can go into effect either at parent signature or after the implied consent period of 14 calendar days from parent’s receipt of the annual IEP. This annual IEP is needed to provide special education services to the student. A new MN reevaluation is not needed until the 3-year deadline.

(3) If the student has been evaluated in MN before but the student’s MN evaluation is not current, an interim IEP needs to be prepared immediately that can go into effect either at parent signature or 14 calendar days after the interim IEP is sent to the parent. This interim IEP is needed to provide special education services to the student and will stay in place while a reevaluation is completed. The reevaluation process should be commenced immediately upon the student’s enrollment in the school with an Evaluation Plan drafted and sent to the parent no later than 30 calendar days after the student enrolls in MPS.*

*Caveat – Rather than an interim IEP, the school could choose to do an annual IEP. Once the reevaluation is completed the IEP team must meet to review that annual IEP in light of the reevaluation results. At that point, the team can decide: (1) to leave the IEP as is because changes are not needed based on the evaluation results (if this is the case, this discussion and decision must be summarized in the conference summary notes of the IEP meeting); (2) amend the annual IEP (going through the IEP amendment process); or (3) write a new annual IEP.

As always, if you have questions, please contact a member of the Monitoring and Compliance Team – Cindy Atsatt 668-0168, Drid Wilson 668-0156, Nolan Murphy 668-0169 or Kim Mesun 668-0482.