The Individualized Education Program (IEP) is a written statement for each individual with exceptional needs that is developed, reviewed, and revised in accordance with state and federal laws.

The IEP Team meets when any of the following occurs:

• A student receives a formal assessment

• A student’s placement or instruction is to be initiated, changed, or discontinued

• A student demonstrates a lack of anticipated progress

• A parent or teacher requests a review of the IEP

• At least annually to review the IEP

• At least every three years to reevaluate eligibility for special education

• Within 30 days if a student with an existing special education placement transfers into SLUSD from a district outside the Special Education Local Plan Area (SELPA)

• Within 60 days of receipt of signed parental consent for assessment

• As part of disciplinary proceedings related to suspension/expulsion of a student with disabilities

Core IEP Team Members

The IEP Team shall include all of the following:

1. One or more of the pupil’s parents/legal guardians or a representative selected by the parent/legal guardian that holds educational rights.

• • • If the student has reached the age of majority and parental rights have been transferred to the student, the parents may be included on the IEP team if invited by the student or a public agency.

2. At least one general education teacher must be present.

• • • The general education teacher(s) should assist in determining appropriate positive behavioral interventions, supplementary aids and services, program modifications, and supports for school personnel.

    • For preschool age children, if the agency does not provide general preschool education services to typical children, the district will designate an individual who, under state standards, is qualified to serve non-disabled children of the same age.

    • If more than one general education teacher provides instructional services to the individual with exceptional needs, one general education teacher may be designated by the local educational agency (LEA) to represent the others.

    • One or more general education teachers may be excused from attending the IEP team meeting, in whole or in part, if both the district and parents agree that the team member's area of the curriculum or related service is not being modified or discussed in the meeting or that written input is sufficient to make educational decisions. The team excusal form must be completed and signed by the parent in advance of the meeting.

3. At least one special education teacher or special education provider. The special education teacher or service provider should be the person responsible for implementing the IEP.

4. An administrator or designee who is:

a. Qualified to provide, or supervise the provision of, special education services

b. Knowledgeable about the general education curriculum

c. Knowledgeable about the availability of resources of the LEA and has the authority to commit these resources

5. An individual who can interpret the instructional implications of evaluation results (may be one of the above team members).

Additional Team Members

The IEP Team may also include the following:

1. Other individuals who have knowledge or special expertise regarding the student, including related services personnel.

2. The student with exceptional needs, whenever appropriate.

   1. • If the purpose of the meeting is the consideration of postsecondary goals and transition services, the LEA must invite the student.

      • If the student does not attend the IEP meeting, the team must take steps to ensure that the individual's preferences and interests are considered.

3. If transition services are being discussed, representatives of other agencies who are likely to be responsible for paying for or providing transition services must be invited.

   1. • The parent or adult student must provide consent to invite transition related agencies in advance of the meeting on the Notice of Meeting form.

4. If the IEP team is considering a nonpublic school placement, a representative of the nonpublic school as well as a special education supervisor or program specialist must attend the meeting or participate through other means.

5. If placement in a regional program is being discussed, a program specialist must be invited.

• Information/Eligibility: The front page is critical for state reporting purposes and tracking students. This page must identify how the child’s disability affects his or her involvement and progress in the general curriculum. A draft form must be completed prior to the meeting and all information carefully reviewed by the parent at the meeting.

• Transition: These forms must be completed in time to be in effect when the student reaches 16 years of age. These forms should be completed prior to the IEP team meeting based on age-appropriate assessments and input from both the student and the parent.

• Present Levels: Except for the “Concerns of the Parent,” a draft of this form may be prepared prior to the meeting. The present levels should be data-based and draw from a wide range of assessments. Each section should be discussed at the meeting and changes made, as appropriate, based on input from members of the IEP team. The present levels include progress in the general education curriculum, with identified areas of need driving goals later in the IEP.

• Special Factors:This form provides a summary of the student’s area(s) of need. Any identified area of need must be addressed by a goal.

• Statewide Assessments: Every student is expected to participate in district, state, and federal testing. The IEP team may not waive assessments. The IEP team must determine which tests are most appropriate for the student and specify any designated supports or accommodations the student may need to participate in these assessments. The team may also review the eligibility criteria and make recommendations for the student to participate in alternate assessments (e.g. CAA, etc.).

• Goals: Annual goals must only address those general curriculum areas in which the student’s involvement and progress are affected by their disability. If only accommodations are needed, no IEP goal for that area is required. Benchmarks or short-term objectives are required for students participating in curriculum based on alternate achievement standards. The short-term objectives must be measurable, with intermediate steps and benchmarks.

• Services - Offer of FAPE: Special education and related services are determined at the IEP meeting only after goals have been finalized. To the maximum extent appropriate, students with disabilities must be educated with their typically developing peers. Students may only be removed from the general education environment if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily. The placement must be made in the school that the student would attend if the student did not have a disability unless unique circumstances prevent this placement.

• Educational Setting - Offer of FAPE: This form provides information on educational setting, percent of time out of general education, other agencies involved with the student, and reporting progress to parents. All transition services must be addressed on this page including preschool to elementary, elementary to middle, middle to high school, or public school to NPS and back. Graduation information is required from eighth grade on.

• Parent Consent: All team members, including parents, must sign the top portion of this page to document attendance and roles. Only parents sign the bottom portion of the page with the appropriate boxes checked for consent. In the event parents refuse to sign this form, contact a special education supervisor to discuss next steps.

• Notes: The team meeting notes summarize participant attendance, team actions and agreements, and parent input. The notes should document when participants do not remain for the entire meeting and whether the team agrees to continue after their departure.

• Specific Learning Disability (Page 1 & 2): This form is used for initial evaluations or triennial reevaluations for students with a specific learning disability. Page 1 summarizes the team's finding of a discrepancy between the student's ability and achievement determined through standard measures. The team must sign this document. Page 2 is used to document a discrepancy between student ability and achievement determined by means other than standardized assessment; this form is only required when the specific learning disability is not determined by standard measures.

Legislation

• Education Code 56329 (a) “An individualized education program team conference, including the parent and his or her representative, shall be scheduled, pursuant to Section 56341, to discuss the assessment, the educational recommendations, and the reasons for these recommendations.”

• Education Code 56340 “Each district, shall initiate and conduct meetings for the purpose of developing, reviewing, and revising the individualized education program of each individual with exceptional needs.”

• Education Code 56341 (a) “Each meeting to develop, review, or revise the individualized education program on an individual with exceptional needs, shall be conducted by an individualized education program team.”

• Education Code 56342 “The individualized education program team shall review the assessment results, determine eligibility, determine the content of the individualized education program, consider local transportation policies, and make program placement recommendations.”

• Education Code 56342 “An individualized education program team shall meet whenever any of the following occurs:

(a) A pupil has received a formal assessment

(b) The pupil demonstrates a lack of anticipated progress

(c) The parent or teacher requests a meeting to develop, review, or revise the individualized education program

(d) At least annually, to review the pupil’s progress, the individualized education program and the appropriateness of placement, and to make any necessary revisions. The individualized education program team conducting the annual review shall consist of those persons specified in subdivision (b) of Section 56341. Other individuals may participate in the annual review if they possess expertise or knowledge essential for the review.”

• Education Code 56343.5 “A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 days, not counting days in July and August, from the date of receipt of the parent’s written request. If a parent makes an oral request, the school district shall notify the parent of the need for a written request and the procedure for filing a written request.

Top 10 Compliance Concerns

1. Statement on the front page addresses how the student’s disability affects their progress in the general curriculum. This statement must go beyond a summary of the disability to include an explanation of the educational impact.

2. The IEP includes evidence of discussion around student involvement in extracurricular activities.

3. Annual goals are measurable, include data-rich baselines, and are clearly linked to areas of need. Appropriate goals should be marked as “linguistically appropriate” for English Learners.

4. The frequency and duration of supplementary aids and services are quantifiable, described in terms of minutes, periods, etc. rather than “as needed.” Each IEP should include a support for personnel.

5. At least one general education teacher is in attendance.

6. The Notice of Meeting is signed and dated at least 10 days in advance of the meeting. Make a note on the form if the meeting was scheduled at an earlier point by phone or email.

7. Services are coded to reflect the physical location of the student and agree with the educational setting page and team meeting notes. Services should clearly be linked to areas of need.

8. The IEP clearly documents the parent's voice in designing a program for the student.

9. The Services page documents a discussion of the least restrictive environment and the possible harmful effects of the proposed program and placement.

10. ELPAC data for English Learners is included in the IEP every year.