Team Process
When a student is found eligible for an Individualized Education Program (IEP), there are many things to consider and understand. This section delves into the team process and development of an IEP.
When a student is found eligible for an Individualized Education Program (IEP), there are many things to consider and understand. This section delves into the team process and development of an IEP.
The Team consists of the following members:
The student's parents/guardians
The student (required starting at age 14)
At least one regular education teacher familiar with the student
At least one special education teacher familiar with the student
A representative of the district who has the authority to commit resources (Student Services Administrator, typically)
An individual who can interpret evaluation results
Outside agency representatives (when appropriate)
Other individual(s) who have knowledge or expertise regarding the student
A required member of the Team (by role) does not have to attend the Team Meeting, in whole or in part if the parent/guardian and the district agree in writing that the Team Member's attendance is unnecessary because the Member's area of curriculum or related services is not being modified or discussed. (Signatures required)
When the IEP Meeting involves a modification or discussion of a required Team Member's area of curriculum or related services (by role), that Member may be excused, in whole or in part, only if:
The parent/guardian and the district representative agree to the excusal in writing; and
The individual who is filling that role submits written input into the development of the IEP to the parent/guardian and the IEP Team prior to the Meeting (Signatures required).
Always remember:
Parents/guardians are equal partners in the Team process. They have a right to be involved in meetings that discuss the identification, evaluation, IEP development and educational placement of their child.
Parents/guardians have unique and critically important perspectives on their child’s learning style, strengths and needs.
Every effort should be made to build trust, respect and understanding in an effort to meet the unique needs of the student
Wayland Public Schools offers both in person and virtual meetings to make meeting attendance more accessible for parents/guardians.
Communication with parents/guardians must be in simple and commonly understood words and are in both English and the primary language of the home (if such primary language is other than English). Any interpreter used in fulfilling these requirements must be fluent in the primary language of the home and be familiar with the special education procedures, programs, and services. If the parents/guardians or the student are unable to read in any language or are blind or deaf, communications required by the regulations are made orally in English with the use of a foreign language interpreter, in Braille, in sign language, via TTY or in writing, whichever is appropriate, and all such communications are documented. If the district provides notices orally or in some other mode of communication that is not written language, the district keeps written documentation (1) that it has provided such notice in an alternate manner, (2) of the content of the notice, and (3) of the steps taken to ensure that the parent/guardian understands the content of the notice.
In accordance with state and federal law, each school district shall obtain informed parent/guardian/legal caregiver consent as follows:
The school district shall obtain written parent/guardian/legal caregiver consent before conducting an initial evaluation or making an initial placement of a student in a special education program under 603 CMR 28.00. Written parent/guardian consent shall be obtained before conducting a reevaluation and before placing a student in a special education placement subsequent to the initial placement in special education.
The steps are:
The school district shall obtain consent before initiating extended evaluation services as described in 603 CMR 28.05(2)(b).
A parent/guardian may revoke consent at any time. Except for initial evaluation and initial placement, and as prescribed by 603 CMR 28.00, consent may not be required as a condition of any benefit to the student.
Parents/guardians have the right to observe any program(s) proposed for their child if the child is identified as eligible for special education services.
A parent/guardian may discontinue special education and related services provided to his or her child by notifying the school district in writing that the parent/guardian revokes consent to the continued provision of all special education and related services to the child. The school district shall respond promptly by sending notice to the parent/guardian of the district's intention to discontinue all special education and related services to the student 10 school days from the date of the district's notice based on the parent/guardian’s revocation of consent. The school district may not challenge the parent/guardian's decision through the dispute resolution processes provided under 603 CMR 28.08. Nothing in this regulation shall prevent a school district and a parent/guardian from meeting to discuss discontinuation of all special education and related services provided the parent/guardian's participation is voluntary.
603 CMR 28.00 28:07: parent/guardian Involvement
Upon determining that the student requires special education and based upon the evaluative data, the Team shall write an IEP for the student and decide the student's placement. The IEP shall describe the special education and related services that the student requires and shall include all elements required under federal and state law.
(a) The IEP shall include specially designed instruction to meet the needs of the individual student and related services that are necessary to allow the student to benefit from the specially designed instruction, or may consist solely of related services that are necessary to allow the student to access the general curriculum, consistent with federal and state requirements.
(b) The Team shall carefully consider the general curriculum, the learning standards of the Massachusetts Curriculum Frameworks, the curriculum of the district, and shall include specially designed instruction or related services in the IEP designed to enable the student to progress effectively in the content areas of the general curriculum.
(c) For any student approaching graduation or the age of twenty-two, the Team shall determine whether the student is likely to require continuing services from adult human service agencies. In such circumstances, the Administrator of Special Education shall make a referral to the Bureau of Transitional Planning in the Executive Office of Health and Human Services in accordance with the requirements of M.G.L. c. 71B, § 12A through C (known as Chapter 688).
(d) The daily duration of the student's program shall be equal to that of the regular school day, unless the Team states that a different duration is necessary to provide a free appropriate public education to the student. In such case, the Team shall specify the daily duration of the program, and the Team shall state on the IEP the reason for such different duration.
An extended year program may be identified if the student has demonstrated or is likely to demonstrate substantial regression in his or her learning skills and/or substantial difficulty in relearning such skills if an extended program is not provided.
If residential services are required, the IEP must clearly specify the reasons for such determination and how such services will be coordinated with the day education services provided to the student. Additionally, the goals and services on the student's IEP must reflect the comprehensive nature of the educational program required.
If a longer program is required, the student's IEP must specify why a longer program is necessary.
Camping or recreation programs provided solely for recreational purposes and with no corresponding IEP goals or specially designed instruction shall not be considered extended year programs.
Transportation: The Team shall determine whether the student requires transportation because of his or her disability in order to benefit from special education.
Bullying and Harassment Implications: Because the IEP serves as a vehicle for improving the educational experience and achievements of a student with disabilities, the IEP Team uses a variety of information sources, including evaluations, assessment information, and its discussions of the student's present level of educational performance and social acumen, to inform the development of the IEP. The IEP Team's discussion focuses comprehensively on the student's educational needs and on the student's overall involvement in the school, including participation in the general curriculum and in extracurricular and other nonacademic activities. In this process, the IEP Team considers the student's disability and the impact of the disability on the student's interaction and communication with others.
For all three groups of students with disabilities named in the bullying prevention and intervention law, the IEP Team must consider how the student's disability affects his/her learning the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing. Many students will receive support in developing appropriate skills and proficiencies through general instruction. In such cases, the Team should include in the IEP any supports the student needs to learn the needed skills through the existing curriculum. As appropriate, the Team should include in the IEP needed accommodations to the general education program, or goals and objectives and special education services related to student's learning the necessary skills.
Because of the nature of Autism Spectrum Disorders (ASD), progress in positive social skill development is already a likely focus within the IEP of every student with ASD. Social skills instruction should be at the student's skill level and appropriate for his/her age. The focus of the IEP in relation to the bullying intervention and prevention law will be to aid the student in accessing social and emotional learning to handle more effectively challenges in his/her academic, social, and communication realms.
IEP Teams should consider ways that the age-appropriate instruction on bullying prevention and intervention incorporated into the school's general curriculum already assists a student with a disability in these areas and should reflect this discussion in the IEP. As noted earlier, the IEP should address those skills and proficiencies that the Team has determined the student would be unlikely to learn solely within the general curricular program, or any supports the student needs to make learning possible in the general curricular program.
IEP Teams should consider whether modifications or services are needed for students with all types and severities of disabilities to be involved and progress in the school's or district's bullying prevention and intervention program that is incorporated into the school's or district's general curriculum. Also, Teams should ensure that students can participate fully in all procedures related to the reporting and investigation of bullying incidents. The district must ensure that the IEP Team includes a member of the school's staff who is knowledgeable about the school's bullying prevention and intervention general education curriculum when those issues are discussed at a Team meeting.
Incorporated within the Team meeting process and the Team's discussion of a student's skills and proficiencies to respond to bullying, harassment, or teasing may also be education for families about the district's bullying prevention and intervention plan, the general education curriculum the school is using to instruct all students about bullying prevention and intervention, and the reporting mechanisms that are in place within the school.
From DESE Education Laws and Regulations 603 CMR 28.00
The IEP should be considered a primary tool for supporting a student's involvement and progress in the general education curriculum, identifying the supports and services necessary to mitigate the impact of their disability allowing the student to access a Free and Appropriate Public Education (FAPE). As defined by federal regulation, the general education curriculum is the curriculum used with non-disabled children. FAPE allows a child to make effective progress.
An IEP provides FAPE if it is reasonably calculated, developed in a Team process that is in compliance with federal and state standards, and provides the student with meaningful, measurable educational benefit. All students, regardless of the nature or severity of the disability or their educational setting, must have access to, and progress in, the general curriculum.
Within Massachusetts, the general education curriculum is defined as the Massachusetts Curriculum Frameworks in the following areas: English Language Arts, Mathematics, History and Social Sciences and Science and Technology. Other curriculum areas can and should be discussed if the student's disability affects progress in those areas.
General educators play an important role in the Team process as the experts on the general education curriculum and classroom environment. Their participation in the Team process is required under state and Federal laws and regulations.
When eligible students aged five and older receive special education services for some or all of the school day outside of the general education environment, the school district shall make every effort to maintain the student's access to the general curriculum and participation in the life of the school. The school district shall devote resources to develop the school district's capacity for serving such eligible students in less restrictive alternatives.
Programs serving young children shall meet instructional grouping requirements of 603 CMR 28.06(7).
The size and composition of instructional groupings for eligible students receiving services outside the general education classroom shall be compatible with the methods and goals stated in each student's IEP.
Instructional grouping size requirements are maximum sizes and school districts are expected to exercise judgment in determining appropriate group size and supports for smaller instructional groups serving students with complex special needs. When eligible students are assigned to instructional groupings outside of the general education classroom for 60% or less of the students' school schedule, group size shall not exceed eight students with a certified special educator,12 students if the certified special educator is assisted by one aide, and 16 students if the certified special educator is assisted by two aides.
Eligible students served in settings that are substantially separate, serving solely students with disabilities for more than 60% of the students' school schedule, shall have instructional groupings that do not exceed eight students to one certified special educator or 12 students to a certified special educator and an aide.
After the school year has begun, if instructional groups have reached maximum size as delineated in 603 CMR 28.06(6)(c) and (d), the Administrator of Special Education and the certified special educator(s) providing services in an instructional group may decide to increase the size of an instructional grouping by no more than two additional students if the additional students have compatible instructional needs and then can receive services in their neighborhood school. In such cases, the Administrator must provide written notification to the Department and the parent/guardians of all group members of the decision to increase the instructional group size and the reasons for such a decision. Such increased instructional group sizes shall be in effect only for the year in which they are initiated. The district shall take all steps necessary to reduce the instructional groups to the sizes outlined in 603 CMR 28.06(6)(c) and (d) for subsequent years.
The ages of the youngest and oldest student in any instructional grouping shall not differ by more than 48 months. A written request for approval of a wider age range may be made to the Department, which may approve such request.
Instructional group sizes in all programs approved under 603 CMR 28.09 shall be limited to those outlined in 603 CMR 28.06(6)(d), and no such instructional groups shall have an age range greater than 48 months.
Programs for young children. The school district shall ensure programs are available for eligible children three and four years of age. Such programs shall be developmentally appropriate and specially designed for children ages three and four years.
The requirements of 603 CMR 28.00 shall apply to the extent that they can be adapted to reflect the fact that such children may not be receiving services in the public school.
School districts are encouraged to accept referrals from the Department of Public Health, other agencies, and individuals for young children when or before the child turns two-and-one-half years old in order to ensure continuity of services and to ensure the development and implementation of an IEP for eligible children by the date of the child's third birthday in accordance with federal requirements.
The school district may elect, consistent with federal requirements as outlined at 34 CFR §300.323(b), to use the format and services of the Individualized Family Service Plan (IFSP), if appropriate, for an additional year as a means of transitioning eligible children to public school services.
The Team may allow a child to remain in a program designed for three and four year old children for the duration of the school year in which the child turns five years old (including the summer following the date of the child's fifth birthday).
Type of Setting - Inclusionary. Inclusionary programs for young children shall be located in a setting that includes children with and without disabilities and shall meet the following standards:
Services in such programs may be provided in the home, the public school, Head Start, or a licensed childcare setting.
For public school programs that integrate children with and without disabilities, the class size shall not exceed 20 with one teacher and one aide and no more than five students with disabilities. If the number of students with disabilities is six or seven then the class size may not exceed 15 students with one teacher and one aide.
Type of Setting - Substantially Separate. Substantially separate programs for young children shall be those programs for three and four year olds that are located in a public school classroom or facility that serves primarily or solely children with disabilities. Substantially separate programs shall adhere to the following standards:
Substantially separate programs shall be programs in which more than 50% of the children have disabilities.
Substantially separate programs operated by public schools shall limit class sizes to nine students with one teacher and one aide.
At the Team meeting, after the IEP has been developed, the Team shall consider the identified needs of the student, the types of services required, and whether such services may be provided in a general education classroom with supplementary aids and/or services or in a separate classroom or school. The Team shall consider all aspects of the student's proposed special education program as specified in the student's IEP and determine the appropriate placement to provide the services. The Team shall determine if the student shall be served in an in-district placement or an out-of-district placement and shall determine the specific placement according to the following requirements:
(a) The decision regarding placement shall be based on the IEP, including the types of related services that are to be provided to the student, the type of settings in which those services are to be provided, the types of service providers, and the location at which the services are to be provided.
(b) The placement selected by the Team shall be the least restrictive environment consistent with the needs of the student. In selecting the least restrictive environment, consideration must be given to any potential harmful effect on the student or on the quality of services that the student needs.
(c) Least restrictive environment (LRE). The school district shall ensure that, to the maximum extent appropriate, students with disabilities are educated with students who do not have disabilities, and that special classes, separate schooling, or other removal of students with special needs from the general education program occurs only 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 IEP Process Guide states: To reinforce, IDEA’s strong preference for involvement in the general education environment, the law requires a clear statement justifying why removal is necessary when removal occurs. Teams no longer need to identify the steps for moving a student to a less restrictive environment. Rather Team members must clearly identify times when a student is removed from the general education classroom and give good reason for such removal. Given reasons should focus on the benefit the student will receive from being outside of the general education environment. Teams will run counter to Federal mandates if their justification center on why the school district cannot provide the services within the general education environment. For instance, the general education classroom not being large enough for the speech therapist to provide specially designed instruction within the same room or the speech therapist’s schedule only allows for small group, pullout services would be inappropriate justifications. Teams are providing their justification during IEP development before the placement decisions have been made. Therefore, the justification should refer to any special education and related services recommended to occur in other settings during the service delivery discussion and not to potential placements.
(d) In-district placement. The placement decision made by the Team shall indicate the specific program setting in which services will be provided. The Team shall first consider in-district settings such as a general education classroom, a resource setting, a separate classroom, a work setting, a vocational school program, and/or another type of setting identified by the Team as appropriate and able to provide the services on the IEP in a natural or less restrictive environment. If an in-district setting is able to deliver the services on the IEP, the Team shall identify such placement and include such determination with the proposed IEP.
The school district shall determine specific instructional personnel and shall work jointly with the Team to arrange the specific classroom or school, in order to implement the placement decision and to assure that services begin promptly when parental consent to the IEP and placement has been received.
The school district shall not delay implementation of the IEP due to lack of classroom space or personnel, shall provide as many of the services on the accepted IEP as possible and shall immediately inform the parent in writing of any delayed services, reasons for delay, actions that the school district is taking to address the lack of space or personnel and shall offer alternative methods to meet the goals on the accepted IEP. Upon agreement of a parent, the school district shall implement alternative methods immediately until the lack of space or personnel issues are resolved.
(e) Placement meeting. Upon developing the IEP, if the needs of the student and the services identified by the Team are complex, and the Team is considering an initial placement out-of-district or a different setting for a student who has been served in an out-of-district program, the school district may schedule a separate Team meeting to determine placement. The placement meeting shall meet the participant requirements of federal special education law as outlined at 34 CFR §300.116(a)(1) and shall be held within ten school days following the meeting at which the Team developed the IEP. At the request of the parent, the placement meeting may be held at a later date.
Any other school district that may be financially or programmatically responsible for the student shall be invited to participate in the placement meeting and shall receive notice of such meeting at least five school days prior to the meeting. The Department or other state agency involved with the student may designate a representative to participate in the placement meeting.
Prior to the placement meeting, the school district and parent shall investigate in-district and out-of-district placement options in light of the student's needs and identified services required.
At the placement meeting, the district and the parent shall report on the investigation of in-district and out-of-district options. If an in-district program can provide the services on the IEP, such program shall be identified at the placement meeting and provided by the district; if not, the placement Team shall identify an out-of-district placement.
From DESE Education Laws and Regulations 603 CMR 28.00
The Wayland Public Schools employ an Out-of-District (OOD) Coordinator who is the primary contact person for students who are placed by the district in public or private day or residential settings. The OOD Coordinator is responsible for chairing OOD team meetings, developing IEPs, and monitoring progress in collaboration with public and private schools that provide special education services to Wayland Public School students in other settings. Placement in an out-of-district program is determined by a student’s IEP team when it is determined that the school district is otherwise unable to meet the student’s needs.
Immediately following the development of the IEP, and within 45 school working days after receipt of the parent's written consent to an initial evaluation or reevaluation, the district shall provide the parents with two copies of the proposed IEP and proposed placement along with the required notice, except that the proposal of placement may be delayed according to the provisions of 603 CMR 28.06(2)(e) in a limited number of cases.
(a) No later than 30 days after receipt of the proposed IEP and proposed placement, the parents shall:
Accept or reject the IEP in whole or in part; request a meeting to discuss the rejected portions of the IEP or the overall adequacy of the IEP; or if mutually agreed upon, accept an amended proposal; and
accept or reject the proposed placement.
(b) Upon parental response to the proposed IEP and proposed placement, the school district shall implement all accepted elements of the IEP without delay.
DESE Education Laws and Regulations 603 CMR 28.00
A summary of procedures to address a parent’s/guardian’s request to revoke special education services follows:
Parent(s)/Guardian(s) may revoke in writing their consent to all special education services.
The district will respond promptly (within 5 school days) with a letter sent from the Central Office.
The district will include The Parent’s Notice of Procedural Safeguards with the letter.
The district letter will include:
The student, upon revocation, is considered a general education student and is no longer entitled to the rights afforded to students with disabilities under IDEA.
If the revocation is prior to MCAS, the student is recorded as a general education student who exited from special education. The student is still included in the special education subgroup for accountability purposes.
No special education records should be removed from the student’s file unless specifically requested in writing by the parent. The request will be considered in accordance with the laws governing student records. The Director of Special Education will make the final determination on behalf of the District.
Should the parent, at a future time, express a concern or request an evaluation, the student shall be evaluated as a general education student in the process of an initial special education evaluation. All previous information can be reviewed as part of the evaluation process.
Federal requirements for “child find” continue to apply; therefore, a general education teacher has the obligation to make a referral if there is evidence of lack of progress due to a disability. The teacher should raise any concerns to the school-based team prior to any referral.
The Team must convene every year to review progress and update the Individualized Education Program (annual review meetings). Further, every three years, or sooner if necessary, the district must conduct, with parental consent, a full three year reevaluation.
In addition to yearly IEP Team meetings at which progress, including updated current performance levels, is discussed, IEP Progress Reports are provided to parent/guardians at least as often as report cards are provided to all students and report directly on the progress of the identified IEP goals.
Most students with disabilities will attend school on the same daily and yearly schedule as their non-disabled peers. However, in certain circumstances, a Team will recommend a schedule modification. Extended school year services (ESY) must be considered and recommended on an individual basis. Not all students will require ESY and not all students who do require ESY will need the same level of services.
The Team’s consideration of ESY must be based on:
The unique nature of any specially designed instruction or related services needed due to the disability of the student, or
If the student has demonstrated, or is likely to demonstrate, substantial regression due to a break in services (such as a summer vacation period). Regarding regression, all students regress – lose progress, forget, and revert to previous behavior – to some extent between school years. (See DESE Q and A Guide on Special Education Extended School Year programs (https://www.doe.mass.edu/prs/ta/esyp-qa.html ).
When recommending ESY services, it is important to remember that a maintenance program to minimize or avoid regression is not the same as a school year program. Services should be recommended based upon what the student will require for instruction and/or related therapies to maintain current performance. Services will typically be less than during the school year.
Before recommending ESY for any student, documentation will need to be completed and turned into the Department Head, Team Leader or Principal. For planning purposes, the Team should have an indication of any student who might be recommended for ESY by March of that school year. All requests for ESY should be forwarded to the Director of Special Education for proper planning.
The Team should be aware that provision of ESY may not be limited to those students who have experienced substantial regression and an unreasonable amount of time for recoupment. The potential for substantial regression/recoupment difficulties must also be considered. Due to the severity of their disabilities, some students require highly structured and more continuous programming techniques to make progress. They may be particularly vulnerable to skill loss during a long break in programming that reduces their ability to make progress. This may be due, in part, to the student exhibiting an increase in behavioral issues after the break. The student’s mental, emotional, or physical health may also contribute to difficulties in reasonably maintaining skills during a program break.
In addition, when considering eligibility for ESY the Team should be aware:
All students, whether in general education or special education, lose skills over breaks in services.
Most students, including those with disabilities, recoup those skills in a reasonable amount of time with re-teaching.
Students with disabilities who can recoup skills in a reasonable amount of time are not eligible for ESY services. When considering skills areas for regression, the identified area must involve at least one existing IEP goal area, and it must be essential to the progress of the student.
New goals are not to be developed to justify the need for ESY.
Any data/information on IEP regression or recoupment should be maintained for future consideration of ESY.
The consideration of ESY and the determination of whether the student is eligible for ESY needs to be documented in the N1 letter sent out with the IEP.
The goal of ESY services is the maintenance of skills to prevent regression over the summer months.
In summary, there is no need for ESY services if:
There is no concerns with IEP goal progress
No evidence of substantial regression or the possibility of substantial regression
No evidence of prolonged period of recoupment of skills
Resources:
DESE Q&A Guide - ESY