Services
The Bottom Line
Special education and related services need to be sufficient in scope to meet a student's educational needs, and the IEP must include the following essential components:Â
Specified type of service, including the frequency, minutes per session, duration, and setting in which the services will be provided.Â
A connection to a goal. More than one service can be connected to one goal.
If the case manager is not licensed in the student's primary disability—then categorical consultation (an indirect service) must be included.
IEP TV
What does it look like to discuss this topic during an IEP team meeting?
Check out these IEP meeting demo video(s) that model how to facilitate the conversation.
Explanation
After agreeing on the goals a student is expected to achieve in one year, the IEP team must determine how much and what kinds of services are needed to help the student meet those goals.Â
Direct and indirect services listed in the IEP must correspond to the student's annual IEP goals.Â
For example, if the student has a goal in the area of reading fluency, reading services should be listed on the services table. Correspondingly, if reading services are listed on the services table, the connection between that service and an annual IEP goal must be explained in the LRE statement.
Questions for the IEP team to consider when discussing services:
Has the student made adequate progress with the services currently in place?
Does the amount of direct service time seem adequate to help the student achieve the IEP goals in one year?
What setting will be the most appropriate for providing direct services, a general education or a special education classroom?
If the student will receive direct special education instruction with other students, how many children will be in the group? Do they have similar needs?
How much indirect service time should be set aside to implement accommodations or modifications, assistive technology, or paraprofessional support?
Direct & Indirect Services
IDEA makes no reference to direct or indirect services, but it does state that the IEP "must include a statement of the special education and related services … to be provided to the child or on behalf of the child..." 300.320(a)(4)(i). MDE’s recommended IEP form uses the terms “direct instruction and services” and “indirect services.”
Direct Services
Direct instruction and services are provided directly to a child by a special education teacher or related services professional. This includes co-teaching and push-in models of instruction where a special education teacher instructs alongside a general education teacher. Direct instruction and services are provided to help a child meet the goals and objectives on the child’s IEP. For example, to address a goal for written language, a special education teacher could provide direct service in written language instruction.
Indirect Services
Indirect services are not provided directly to a child. Instead, a special education teacher or related service professional provides these services to others who are working directly with a child. Indirect services could include activities such as:
Staff consultation with a regular education teacher on situations resulting from a student’s disability
Modifying curriculum or environment for a student
Observing a student
Monitoring a student’s progress in a specific area
Monitoring equipment or assistive technology used by a student
⚠️ In addition to including indirect services on the services grid, use the "Program Supports for School Personnel" box to describe what these services entail. There are dropdown templates available to help with this description.
Cross-Categorical Case Management
One common indirect service involves consultation from a special education teacher licensed in the student's disability area. A teacher who is licensed in the student’s disability area must be part of the student’s IEP team. Per Minnesota Rules 3525.0210 and 3525.2350, consultation and indirect services must be provided to the general or special education teacher providing instruction if not licensed in the disability. There is no minimum or maximum to the amount of indirect service provided (i.e., duration and frequency). These determinations are made on an individualized basis by each student’s IEP team.Â
In the example above, a student eligible under the category of ASD is being case managed by a SpEd teacher without an ASD license. The student's services grid must include this row in order to document the consultation and indirect services provided by an ASD-licensed teacher. Similar drop-down items are available for the categories of SLD, EBD, DCD, and DD.
Start & End Dates
Start Date
The start date on the services grid must be at least 14 calendar days after the date listed on the Prior Written Notice. That is what auditors will verify during a compliance audit. Read on for a more thorough explanation of important dates on the IEP timeline:
IEP Meeting Date: The meeting date is considered the annual date of the IEP. If there are multiple meetings, the first date is considered the annual date. The next year’s IEP meeting must occur within one year of the prior year’s IEP meeting.
IEP Sent Date: The IEP must be written and sent home within 10 school days of the last IEP meeting. The IEP sent date is found on the Prior Written Notice (PWN) form that accompanies the IEP.
IEP Service Start Date: This is the start date that is recorded on the services table. It must fall at least 14 calendar days after the IEP was sent (i.e., 14 calendar days after the date on the PWN). This is typically the selected date, but there are exceptions. For example, if the IEP and PWN are sent at the end of the school year and 14 days from this date would fall in the summer, the start date on the services table would be the first day of the next school year.
IEP Effective Date: This is the date that this becomes the student's "active" IEP and the school begins implementing it. If this is a student's first IEP, it will not become effective until the parent signs consent. If this is an annual IEP, it becomes effective either (A) when the parent signs consent or (B) 14 calendar days after the IEP sent date (i.e., 14 calendar days after the date on the PWN) if the parent has not objected. Per MDE, when parental consent is received and services become effective prior to the proposed start date, there is no need to change the start date of services listed on the IEP.
Examples:
The student has had an IEP for the past two years. An IEP meeting occurred on May 3, 2015. The IEP meeting date is 5/3/2015. The IEP was written and sent home with a PWN on May 17, 2015. The IEP sent date is 5/17/2015. The parent does not return the PWN. The 14th calendar day for the PWN to be returned, the IEP effective date, and the IEP service date all fall on 5/31/2015.
The student has had an IEP for the past three years. An IEP meeting occurred on October 9, 2015. The IEP meeting date is 10/9/2015. The IEP was written and sent home with a PWN on October 16. The IEP sent date is 10/16/2015. The 14th calendar day for the PWN to be returned and the IEP service start date both fall on 10/30/2015. The parent returns a signed PWN indicating consent on October 17, and therefore the IEP becomes effective on 10/17/2015.
Timeline Visual for Non-Initial IEP
NOTES: (1) The graphic displays the dates lining up neatly year-to-year, but, for several reasons, that is never the case. We schedule the annual IEP meeting early enough so there's a "second attempt bubble" before the due date, and the case manager doesn't always take the full 10 school days to send out the IEP. (2) If the 'IEP Effective Date' (i.e., 14 calendar days after the PWN is sent OR the date the parent signs consent --- whichever comes first) falls, for example, during summer break, the 'Service Start Date' would not align, and would instead be the first date of the next school year. Read above for more details. (3) If this were an initial IEP, the 'IEP Effective Date' would be the date that the parent signs consent on the PWN because 14 calendar day passive consent does not apply for initial IEPs.
End Date
SpEd Forms does include a field for the end date of services, and it needs to be completed in order to finalize the IEP. However, the end date is not visible on the printed version of the IEP. Because the printed version is what MDE would review for state monitoring, the end date is not a compliance concern.
If you are writing an IEP following an annual IEP meeting, listed services begin 14 days after the date the PWN is sent to the parent and they typically run for a duration of one year. Case managers typically indicate the end date of services as either (A) one calendar year after the IEP meeting date or (B) one calendar year after the listed start date of services. We suggest that one calendar year after the listed start date of services is most appropriate, but again there is no compliance concern here because the end date does not print.
Service Provider Numbers
Accurate provider numbers in SpEd Forms help us to accurately report required information to MDE regarding funding. Each building team must decide collectively whether they will use Procedure A (recommended): case managers update provider numbers for all students on their caseload (for all services) or Procedure B: service providers maintain numbers for all students they serve.
In order to change a provider number:
On the IEP 'Services' page, click on the blue icon next to 'Provider.'
Click the check box next to the service provider's name. This will fill the field with the provider number you selected. If you know the provider's number, you can just type it in directly.
Click the 'Save' button.
Repeat for all active services. If a service has ended, clear out the provider number.
Service Provider field in SpEd Forms, which is located on the 'Services' page of the IEP.
Tips:
You do not need to add numbers in the 'Supervisor' field.
Reports will be run based on your working IEPs rather than finalized IEPs. Make sure the data is accurate in the working IEPs.
If your building uses Procedure B (explained above): In order to quickly identify which IEPs need to be updated, check 'Teacher Workload Analysis' under the 'Educator Reports' menu to see a full list of students for whom you are listed as the direct service provider.
The 'Teacher Workload Analysis' report, which is located on the 'Educator Reports' menu in SpEd Forms.
âś‹ Frequently Asked Questions
Can study skills minutes be linked to an academic IEP goal?
Yes. This is more common in secondary buildings when the general curriculum becomes increasingly content-focused. Study skills minutes do not correspond directly with academic IEP goals, but the service may be provided if the IEP team determines that the student needs it due to unique needs that result from the student's disability. The linkage should be explained in the LRE statement using a statement such as:
"In addition to direct instruction in [academic IEP goal area(s)], XXX will participate in a daily study skills class in the special education setting in order for them to keep up with the pace of their [math, science, social studies, etc.] classes. XXX needs additional time with support to work on their daily work and assignments within a smaller class size and with more frequent one-on-one assistance from staff. While receiving this service, XXX will not receive [what the student will miss]."
When linking service minutes to a social-behavior annual IEP goal, should I use the label "Social Skills Instruction" or "Behavioral Skills Instruction"?
There is no hard and fast rule; however, what you will typically encounter in the SCRED districts is "Social Skills Instruction" being used to describe explicit didactic instruction such as a social skills class or group taught by a special education teacher or related services professional (e.g., school psychologist). "Behavioral Skills Instruction" is more often used for direct minutes in self-contained Setting III or Setting IV social-behavior programs to describe the minutes when the student is receiving explicit instruction in other curriculum areas (e.g., social studies) but is in the special education setting and is receiving frequent behavioral feedback via behavior specific praise and corrective teaching.
If an IEP team decides to add direct services to the IEP of a secondary student midway through a grading period and it doesn't make sense to drop their current course to make room for the direct service (e.g., they'd be giving up an elective course they're currently passing to add a SpEd study skills class), how do we handle/document this?
The service grid can start at the beginning of the next grading period. Explain in LRE and in the Other Options Considered box in the PWN. (e.g., "The team considered starting services on 12/11/17 but determined that STUDENT is currently passing their elective class..."). This information could also be included in the PLAAFP.
When I am changing a student's service minutes via amendment, should I (A) leave in the old service row, change its end date/expected duration, and add a new row with the new minutes or (B) delete the old row and add a new row with the new minutes?
Both methods for handling this situation would meet state compliance standards. We recommend (B) delete the old row and add a new row with the new minutes because it is more parent friendly. Some of our students have very complex service grids, and if we leave old rows on the service grid when the minutes for that service have simply been increased/decreased, it would make it very difficult for a parent to look at the service grid and discern exactly what their child is receiving.
Rather than deleting the old row and adding a new one, you could also modify the existing row. After you have adjusted the frequency and/or duration of the service, be sure to adjust the start date (should be 14 calendar days from when the PWN is sent to the parent/guardian) and expected duration (i.e., it will be less than one year--however much time remains between the start date of the new service and the end date of the IEP).