Services

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. Direct and indirect services listed in the IEP must correspond to the student's annual IEP goals. 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?

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 instruction and services are provided directly to a child by a special education teacher or related services professional. 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 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 child’s disability, modifying curriculum or environment for a child, observing a child, monitoring a child’s progress in a specific area, or monitoring equipment or assistive technology used by a child.

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.

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. Making it 3 weeks after the meeting date is a safe bet, giving you time to write the IEP, send it home and get it back with signature. Read on for a more thorough explanation of important dates on the IEP timeline:

1. 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.

2. 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.

3. 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. Again, making it 3 weeks from the meeting date is recommended.

4. 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, 2020. The IEP meeting date is 5/3/2020. The IEP was written and sent home with a PWN on May 17, 2020. The IEP sent date is 5/17/2020. 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 5/31/2020.

• The student has had an IEP for the past three years. An IEP meeting occurred on October 9, 2020. The IEP meeting date is 10/9/2020. The IEP was written and sent home with a PWN on October 16. The IEP sent date is 10/16/2020. The 14th calendar day for the PWN to be returned and the IEP service start date both fall on 10/30/2020. The parent returns a signed PWN indicating consent on October 17, and therefore the IEP becomes effective on 10/17/2020.

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 3 weeks after the meeting date or 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.

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:

1. On the IEP 'Services' page for a student, click on 'Provider.'

2. Locate the service provider on the menu and click 'Select'. 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.

3. Click the 'Save' button.

4. Repeat for all active services. If a service has ended, clear out the provider number.

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.