Overview

The Case Conference committee process is one used to develop, review and revise the educational program and services for students with disabilities who are eligible for special education. Every student who receives special education services must have at least one case conference meeting during a 12 month period. Due to requirements for teacher and principal/designee participation, it is imperative that each school exercise careful planning and effective communication in arranging schedules for these conferences.

Case Conference Timelines

A case conference must be held and and IEP completed:

• • Within fifty (50) instructional days of receipt of parental consent by certified personnel for:

    • An initial evaluation;

    • A re-evaluation (for the purpose of adding or changing eligibility or requesting additional information to make decisions regarding special education and related services)

  • At least annually for all students eligible for special education

  • Within ten (10) instructional days of a disciplinary change of placement (student is suspended 10 days in a school year) to determine whether a student’s behavior is a manifestation of the student’s disability (MDC conference);

  • Upon the request of a teacher, administrator, or parent

  • Ten (10) days from the date of enrollment when a student who has been receiving special education services elsewhere moves into the SBCSC boundaries. Every forty-five (45) instructional days when a student is receiving educational services at an Interim Alternative Educational Setting (APPROVE)

  • Every sixty (60) instructional days, when a student is receiving educational services at home or at an out of school location (homebound or hospital)

Case Conference Committee Participants

The Case Conference Committee must include but is not limited to:

• Public Agency Rep This representative needs to be either the Principal or the Principal’s designee. The Principal’s Designee must be someone who has either an administrative license, a special education license, or is able to supervise special education. It must be someone different than the student’s current Teacher of Record. The exception is in the case of a speech only student at a non public school. In this case, the SLP may act as the TOR and the Public Agency rep if there is a non public agency rep in attendance. The Public Agency Rep or Principal Designee may not be excused from the meeting.

• The student’s current Teacher of Record or a teacher licensed in the area of the student’s suspected disability.

  • • A Teacher of Record may not be excused from the conference for any reason. If a Teacher of Record cannot attend, the conference must be rescheduled.

• One of the student’s general education teachers must be present.

• The general education teacher’s input is required by federal and state law. The general education teacher is required to participate in the development, review, and revision of the student’s IEP.

  • The general education teacher participating in a student’s IEP meeting should be the teacher who is, or may be responsible for implementing the IEP, so that the teacher can participate in discussions about how best to teach the student.

  • If the student has more than one teacher, the Teacher of Record (TOR) may designate which teacher or teachers will participate.

  • The Teacher of Record (TOR) must obtain input from teachers who cannot participate in the case conference. The General Education Teacher Questionnaire should be used to gather this information from all teachers. The information gathered should be summarized in the Present Level.

  • Those teachers not attending the meeting should be informed about the results of the meeting (including receiving a copy of the IEP).

  • For early childhood, a general education teacher representative may be:

    • • A general education teacher who provides services to students without disabilities in the public agency’s preschool program; or

      • A general education kindergarten teacher who provides services to students without disabilities if the student is of kindergarten age; or

      • An individual qualified to provide services three (3), four (4), or five (5) year old students without disabilities if the public agency does not have a general education preschool program.

• Excusal Provisions (to be used only for the general education teacher)

• The general education teacher may be excused from participation in a case conference committee meeting, in whole or in part, if the parent and school staff agree in writing. If the parent does not agree to the excusal or revokes their consent, the case conference must be rescheduled to accommodate the required participants.

  • Partial Excusals

    • If the general education teacher is unable to participate for part of the case conference, parents must grant written permission through the use of the Notice of Case Conference options in IIEP. If written permission is not received prior to the case conference, the teacher of record may ask the parent if they are willing to give consent prior to the beginning of the case conference. If the parent consents to the excusal at the conference, the teacher of record should document consent using the Notice of Case Conference and the Case Conference Notes.

  • Excusals for the Whole Conference

    • If the general education teacher is unable to participate for the entire case conference this must be indicated on the Notice of Case Conference that is sent to the parent. The General Education Teacher’s Report must be sent at this time. If written permission is not received prior to the case conference, the teacher of record may ask the parent if they are willing to give consent prior to the beginning of the case conference. If the parent consents to the excusal at the conference, the teacher of record should document using Notice of Case Conference and in the Case Conference Notes.

• The parent of a student when the student is less than eighteen (18) years of age, or the student, if he/she is at least eighteen (18) and has not been adjudicated incompetent.

  • • For students aged eighteen (18) years old and above, and who reside with their parents, the parents/guardian should also be invited but are not required to be in attendance.

    • A foster parent meets the definition of a parent, and can serve in this capacity.

    • If the legal parent cannot be located, or their rights have been terminated, an Educational Surrogate Parent must be appointed.

• The psychologist representing the Multidisciplinary Team must be in attendance for an Initial Case Conference,

  • • The psychologist must also be present if an addition or deletion in eligibility is considered.

    • The psychologist does not need to be in attendance if the committee decides to exchange Primary/Secondary Disabilities.

• The student must be invited beginning in 8th grade or age 14 (whichever comes first)

  • • If the student does not participate, there must be documentation describing steps taken to ensure that the student’s interests and preferences were considered.

    • Conference notes must also document the reason the student was not in attendance.

• Other individuals who have knowledge or special expertise regarding the student may be invited, at the discretion of the parent or the school corporation.

  • • Any general education or special education teacher who is or who may be providing educational services to the student (e.g. teacher of the Deaf and Hard of Hearing, teacher of the Blind and Low Vision, Educational Audiologist, teacher of Orthopedic Impairments, Speech and Language Pathologist, INTERN staff, Autism consultant, etc.) must be invited.

    • Related service personnel (e.g. Occupational Therapist, Physical Therapist, Communication and Assistive Technology (CAT) individual, etc.).

    • If the purpose of the conference is to develop transition services, a representative from that agency (e.g., vocational rehabilitation), must be invited to the student's exit IEP conference.

    • A representative from a state-operated school, public or private residential facility must be invited if the student is to be enrolled or is currently enrolled in that setting.

• If a signing interpreter is required at the case conference, please make arrangements through the Office of Special Education.

• If a Spanish interpreter is needed, please call Bilingual Services.

Notice of Case Conference

Make every attempt to include the parent in the conference. You must make two attempts (2 scheduled dates) to schedule the conference at a mutually agreed upon time. You must send home a Notice of Case Conference and invite all participants for each attempt. The conference should be scheduled well enough in advance that the parents had plenty of notice.

If the parent does not attend after the two attempts have been made, you may hold the conference without the parent on your second scheduled date. You must still include the other case conference members in this meeting, and record the group discussion. In no way should the IEP lapse due to the parents not attending.

Initial Case Conference: If this is an initial case conference, the psychologist or SLP will arrange the meeting of the Case Conference Committee with team members at a mutually agreed upon time. The conference will be scheduled within the mandated time line upon receipt of the signed Notice of Initial Evaluation form (generated by IIEP). This allows all parties to have advance notice of the conference.

All other Case Conferences: The Teacher of Record is responsible for scheduling and conducting all other case conferences. The TOR is also responsible for contacting required participants, sending Notices to parents and other participants with proper advance notice.

The Notice of Case Conference is required by federal and state law to provide advance notice to parents of any action the school is considering regarding their child’s eligibility, evaluation, and/or special education services. It is important to note, that ANY decisions about these actions will be made in a case conference, with the parent’s participation.

The Notice of Case Conference must be sent to the parent prior to the conference.

• If this is an initial conference, it must be sent 5 days prior. The initial conference should be scheduled at the time of the referral, so this Notice will act as a reminder.

• For all other conferences, Notice must be sent 10 days prior to the conference.

• If parents are bilingual, the Notice may be sent to the Bilingual department for translation.

Procedural Safeguards (Spanish) will be given to the parents at every conference.

• Initial Evaluation: with the Notice of Initial Evaluation

• Annual Case Conference: offered at the conference

• MDC: with the Notice of Case Conference

• when a parent requests

• upon the filing of a complaint or due process

Required Components of the IEP

• The following are required components of all IEPs.

  • • The date and purpose of the conference and names and titles of those in attendance

    • Discussion of special factors

    • Evaluation results and their basis for determination of eligibility; Statement of eligibility

    • Student’s present educational performance including how the disability affects his/her involvement and progress in the general education curriculum (or, for preschool children, how the disability affects the student’s participation in appropriate developmental activities)

    • Measurable annual goals (academic standards) and objectives related to the general curriculum; for preschool children, related to participation in appropriate activities

    • How the parents will be informed of the student’s progress (quarterly, coinciding with report card/parent conference times)

    • Appropriate transition service needs beginning at age fourteen (14) or in the eighth (8th) grade, whichever comes first;

    • Transfer of rights for students typically in their junior year or age seventeen (17)

    • Accommodations, modifications or supports for the student

    • Special education, related services, supplemental aids and services provided in general and/or special education settings, including type and frequency

    • The extent to which the student will participate with students without disabilities in the general education setting

    • Whether there is a need for extended school year services, and if so, justification

    • Description of the least restrictive environment (LRE) option recommended and those rejected

    • Statement regarding the student’s participation in state mandated assessment with accommodations, if applicable, or reasons that the assessment is not appropriate and that an alternative assessment will be used

    • Status of the Functional Behavioral Assessment (FBA) and Behavioral Intervention Plan (BIP)

    • Dates of initiation, duration, and location of services

    • Written opinions, if any

    • Signatures of those in attendance. Please note: if you are not present for a case conference, it is illegal for you to sign the IEP paperwork indicating that you were in attendance.

Note: For a student convicted as an adult under Indiana law and incarcerated in an adult facility, transition needs do not need to be addressed in the IEP if the student reaches an age when eligibility for services will end before his/her release from prison (based on consideration of the sentence for early release).

Conducting Case Conferences

IIEP Online Help Manual

Description of Services

Written Notice for Change in Identification or Education Placement

By nature of the content of the Indiana IEP, the finalized copy of the IEP (including Notice of Implementation page) acts as the Written Notice (which is not to be confused with the Notice of Case Conference) to the parent of any proposal to (or refusal to) change the identification or educational placement of a student, or in the provision of a free and appropriate public education (FAPE).

The IEP must clearly describe the action proposed or refused by the school, and an explanation for this reasoning.

• • Each evaluation, procedure, assessment, record or report used to make this decision must be described.

  • All other options that the case conference committee considered must be outlined, as well as the reasons why those options were rejected.

  • The IEP also provides the parent with a statement that the parent has protection under procedural safeguards, how the parent can obtain a copy of procedural safeguards, and sources for the parent to contact to obtain assistance in understanding the school’s legal requirements.

Additionally, the IEP informs the parent that for any action subsequent to the initial IEP, the parent may challenge the action proposed (or refused) by the school by:

• • requesting and participating in a meeting with an official of the corporation who has the authority to facilitate the disagreement;

  • initiate mediation, or

  • request a due process hearing.

If a parent challenges a proposed IEP prior to its implementation, the school must continue to implement the current IEP.

The finalized copy of the IEP can be provided to the parent at the conclusion of the case conference committee meeting, or it can be provided to the parent no later than 10 business days after the date of the case conference committee meeting.