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Special Education Topics & Related Information

Individualized Education Plan (IEP)

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Special Education Topics & Related Information

Individualized Education Plan

Notice of IEP Meeting

  • Parents must be notified in writing of an IEP meeting within a reasonable amount of time according to 92 NAC 51 003.43.  The SRS "Notice of Meeting" form should be used to fulfill this requirement.  The best way to document receipt of this form and that the meeting is being held at a mutually agreed upon time and place is to have parents sign and return the notice.  This form must be given to parents and team members prior to conducting an IEP meeting.  The names of participants on the "Notice of Meeting" must match the names/signatures of participants on the signature page of the IEP.  A school psychologist, SLP, OT, PT, Vision Teacher, etc. could be included in the "other individuals who can help explain the evaluation results" section.  If no additional team members are necessary, type in "Not Necessary" rather than leaving this section blank.
     
  • Best practice is to arrange the meeting first by phone/email and then follow-up with the written meeting notification document. The meeting notice should be given well enough in advance so all parties have proper notice and enough time remains if the meeting needs to be rescheduled. 
     
  • All efforts should be made to find a mutually agreeable time and location to hold an IEP meeting. All attempts to contact the parent should be documented on a SRS Notes Page.  Best practice is to make at least three attempts to schedule the meeting and suggests the use of any means available (phone, email, texting, going to the home or parent’s place of work, certified mail) to increase the likelihood of meeting participation. This means three separate meetings were scheduled, not that three attempts were made to contact the parent(s).  If you aren’t able to get parent to respond and have documented your attempts, you can move forward without them , but it is strongly recommended to exhaust all options before doing so.

    Documentation of attempts to schedule the meeting should include:
    • date of the contact
    • place of contact (if applicable)
    • name of the person contacted
    • name of the student
    • name of the person making the contact
    • purpose of the contact
    • results of the contact

IEP Meeting Agenda

  • IEP teams should consider using an agenda to keep the group on topic and moving forward.
    • Sample IEP Meeting Agenda
      • Welcome
        • Purpose
        • Roles
      • Present Levels of Performance
        What does the child/student know, understand and is able to do?
        • Classroom performance
        • Assessment information
      • Measurable Annual Goals & Benchmarks
        What is it we want the child/student to know, understand, and be able to do in a year?
      • Special Education Services 
        • Placement In what least restrictive environment can the goals be implemented?
        • Related Services What supplementary aids and services are needed to implement the goals?
        • Accommodations What presentations changes are needed?
        • Modifications What content changes are needed?
        • Transition
        • Participation in testing
      • Closing
        • Confirm agreements/Summarize decisions - PWN
        • Complete paperwork
        • Signatures

Required Participants

Districts are required to have 4 roles (special education teacher, regular education teacher, someone to interpret instructional implications of evaluation results and a LEA representative) in attendance at IEP meetings.  The 5th required role is the parent.  If all roles are not in attendance, the meeting can't be considered an IEP.   If someone on the IEP team says ""I don't know, I'll have to check" what they are really saying is that the meeting isn't a valid IEP because all of the required people aren't in attendance. 

  1. Parent(s)

    Parents are experts on their child.  They are able to share their child’s strengths, weaknesses, interests, performance, and medical history.  Parents are also able to provide valuable information and observations about how the child functions at home and in the community.  As members of the team, parents should feel like they can openly express concerns and that the team will value their opinions.

    Role: “Parents are required to be part of IEP meetings like this because you are your child’s first teacher and because you are the experts; you know your child best. We need to hear what you know so we can put the best plan together for your son/daughter.”
     

  2. Special Education Teacher

    With knowledge of how to educate children with disabilities, special education teachers can offer insight on appropriate modifications, accommodations, instructional strategies, supplementary aids and services,  placement options, and state/federal guidelines for special education programing.   In addition, the special education teacher gathers input from team members prior to meetings, develops draft goals to share with the team during meetings, and is responsible for making sure the team completes necessary paperwork.

    Role: “As the special education teacher, my role is to bring knowledge of special education strategies.”
     
  3. Regular/General Education Teacher(s)

    At least one general education teacher is a required member of all IEP teams. The regular education teachers are experts on grade level expectations, general education curriculum, and state standards.  They can give insight on a child’s current level of performance in relationship to his or her peers as well as discuss aids, services, or changes to the current educational programing that would help the child learn and achieve.

    Role: “As the classroom teacher I’m here to provide expertise about standards and grade level expectations.”
     
  4. Individual to Interpret Instructional Implications of Evaluation Results

    This individual interprets what the child’s evaluation results mean in terms of where the child is functioning and their area(s) of need.  Once this foundation is established, this individual can help guide the team to make appropriate instructional changes to meet the needs of the student as well as create corresponding measurable goals.  Please note: The individual to interpret evaluation results could be the same person identified as fulfilling another role on the team (typically SLP, Psych or special education teacher). 

    Role: “My role is to help the group understand how the student’s disability will impact him/her in the classroom.”
     
  5. School District Representative/LEA

    The district representative (typically considered the Local Education Agency Representative) is qualified to provide/supervise the provision of specially designed instruction, is knowledgeable about the general education curriculum, and is knowledgeable of the district’s resources.  The district representative has the authority to commit resources and ensures that the content of the IEP is carried out as written.  The decisions made by IEP teams are final.  Thus, it is best to have an administrator fulfill this role on the IEP team.

    Role: “As the administrator, it’s my job to allocate resources as well as be knowledgeable about what’s going on in my building.”

Additional Participants 

  1. Student age 14+
    1. The student must be in attendance if the purpose of the meeting is to consider post-secondary goals and transition services needed to reach the goals.
    2. Outside transition service agencies may be invited after obtaining prior written parental consent to invite them.
    3. If the student elects not to attend the meeting, documentation that the IEP Team ensured that the student's preferences and interested were considered prior to the meeting are required.  Student interviews, surveys or person-centered planning maps could be included as documentation.
  2. Child/Student attends a non-public schools
    1. A non-public school representative must be in attendance when a child attends a nonpublic school.
  3. Child/Student receives services from an approved service agency
    1. A service agency representative must be in attendance  when a child receives services from an approved service agency.
  4. Child/Student with a hearing impairment 
    1. An educator endorsed to teach a child with a hearing impairment must be in attendance.
  5. Child/Student with a visual impairment
    1. An educator endorsed to teach a child with a visual impairment must be in attendance. 

 Absences/Excusals from IEP Meetings

Additional work is required if one of the required members is not present at the IEP meeting.  

  1. Districts must document that the parents approve  in writing that proceeding with the meeting without the presence of that team member is allowable.  
  2. The absent team member must provide their input and any information necessary to complete the IEP. 

Documenting IEP Meeting Attendance

There are numerous ways of documenting attendance at IEP meetings.  

  1. Acquiring signatures on the front page/page 1 of the IEP is certainly the easiest and most common method.
  2. A sign-in sheet or a list of all people in attendance (these options are less intimidating for parents) are acceptable methods of documentation.  If a sign-in sheet or a list is used, one or two people should sign the document verifying that the names listed are valid participants.

Frequency of IEP Meetings 

  • IEPs should be reviewed periodically and not not less than annually, to determine if the annual goals are being achieved 
  • The IEP team should reconvene if
    • the parents request a meeting
    • there is a lack of expected progress toward the annual goals and/or general education curriculum 
    • a MDT reevaluation occurs
    • the needs of the child/student change
    • any other matters arise that could impact the appropriateness of the IEP as written

Changes to the IEP

What was discussed/decided at the IEP meeting should be reflected in the IEP document.  When the meeting concludes, no additions  should be made to the IEP document. 

  • Clerical Errors: Minor adjustments (spelling errors, adding something that was forgotten, etc.) to the IEP document can be made if needed.  Dupe the IEP and document that you confirmed all team members are in agreement and aware of the edits using a SRS notes page. 
  • Changes to IEP Content: If substantial changes are needed (service time, goals, etc.), an IEP meeting should be conducted to accurately reflect what the team discussed/decided.  Sometimes after an IEP meeting, conversations continue and people may want to make additional changes that weren't discussed at the IEP meeting.  This does not count as a clerical error.  A new IEP meeting should be conducted.

IEP on SRS

Student Strengths:

  • Include information obtained from teachers, parent(s) and the student about general strengths, interests, work ethic, academics, study habits, parental support, positive responses to interventions, appropriate behaviors, social skills and personal characteristics.  Strengths not related to the areas of service should also be mentioned in this section.  If the student is 14 years of age or older, strengths should also be related to the areas of transition (employment, post-secondary training, daily living skills and community involvement).   

Parental Information (including concerns for enhancing their child's education):  

  • Record any areas of concern regarding their child's program.  If there are no concerns, do not leave this section blank.  Rather, type "parent has no concerns at this time".
  • If a concern is noted, follow-up is required and action must be implemented as a function of the IEP.  If the IEP team decides NOT to implement such action, a "PWN" must be completed and sent to the parent(s).  

Results of Initial or Recent Evaluation(s): 

  • According to the Nebraska IEP Technical Assistance Guide, "the IEP team must consider the results of the initial or most recent reevaluation of the child or youth. This must include a review of valid evaluation data and the observed needs of the child resulting from the evaluation process and any existing data.
  • Best practice is to include the areas the student is eligible for (list all secondary/tertiary/related services), the date of most recent testing and when the child/student will be due for a 3-year reevaluation.  In addition, the most recent formal testing information/scores in all areas should be summarized, an interpretation of the results should be included, and information regarding the progress of the student as compared to his/her general education peers and grade-level expectations.  Most of this information can be found on the MDT written report.
  • Please note that summaries of evaluations/reports are better than copying/pasting full reports. 

Results of Child's Performance on Any General State and District-Wide Assessments:

  • This section should include a statement of whether or not the student participates in general education assessments, alternate assessments or a combination of both.
    • As appropriate, assessment accommodations should be given.  
    • Map and NSCSAS and Norm-Referenced Test data from PLAN, Explore, PSAT, ASVAB, etc. should be included, along with an interpretation.  
      • Information regarding the progress of the student as compared to their general education peers and grade-level expectations should be provided.
      • If a student who have taken the Alternate Assessment in the past, the most recent Alternate Assessment information should be included.   

If Behavior Impedes Learning, Consideration of the Use of Positive Behavioral Interventions and Strategies:

If Student has Limited English Proficiency, Consideration of Language Needs:

  1. Check the "Considered by not necessary" box
    OR
  2. include a statement that the student is not proficient in English.  If a statement of this nature is added, the team should consider adding ELL programing or other language supports.  

If the Student is Blind or Visually Impaired, the IEP Shall Provide Braille Instruction and the Use of Barille, Unless After an Evaluation it is determined that Braille, and the use of Braille, is Not Appropriate for the Child:

  1. Check the “Considered but not necessary" box
    OR
  2. Include a statement that the student is  visually impaired.   If child is visually impaired, evaluation information should be included in this area.  Indicate if the child is blind, legally blind or partially sighted.  A Vision Specialist must function as a part of the IEP team and make these determinations.  

Consideration of the Child's Communication Needs:

  1. Check the "Considered by not necessary" box
    OR
  2. Include a statement that the student does have communication needs.  If the students has documented communication needs or receives speech-language services documentation would be included in this area.  

For Children Who Are Deaf or Hard of Hearing Consideration of the Following 3 Areas: 

  1. Child's Language and Communication Needs:
  2. Opportunities for direct communication with peers and professionals in the child's language and communication mode:
  3. Academic level and opportunities for direct instruction in the child's language and communication mode:

Consideration of the Child's Need for Assistive Technology Service or Device:

  1. Check the "Considered by not necessary" box
    OR
  2. If assistive technology is needed, the information in this area needs to be the same wording as the information on IEP Page 6 under the area of Assistive Technology or Services.

Q & A

  1. What if I was invited to the IEP, but can no longer attend because I have a conflict?  Can the team proceed without me and I sign the IEP later?

    Maybe-No:  As long as the required membership exists without you the meeting can proceed. When you sign the IEP, you're documenting your attendance (including attending via technology) at the meeting, so if you weren’t there, don’t sign (92 NAC 51 007.03).
     
  2. What if my principal cannot attend the IEP or do not come?  Is it okay to proceed without the principal?

    Yes, as long as someone else has been designated as a LEA representative (92 NAC 51 007.03A).
     
  3. Must a regular teacher be invited to the IEP meeting when the child with a disability is receiving special education services outside of the regular classroom (this link can't be reached, delete or update) or in an out of district placement?

    Click HERE for NDE's response.
     
  4. An interpreter is unable to attend an IEP meeting in person.  Instead the interpreter uses Zoom or Skype to "call" into the meeting.  How should participation via phone/Zoom/Skype be documented?

    The signature is simply the most efficient way to document attendance. If someone attends via phone/Zoom you can note that they attended in that way and if it’s possible they can sign at a later time. If it’s not reasonable to get that person to sign, just have two people initial next to the note saying the person attended by phone/Zoom. Basically everyone there is a witness to the person’s remote attendance but having a couple initial gives added assurance that it won’t be questioned in the future.
     
  5. Is it appropriate to have an IEP meeting early but choose effective dates that may be a month or two later?  For example: An IEP is due on May 3rd but the meeting is held on March 15th.  Is it okay to put that the effective dates on the new IEP are from May 3rd 2014-May 2nd 2015?

    It is okay to put the effective dates of the IEP meeting from May to May even though the team meets in March AS LONG AS the current IEP is still in effect through May.  This means that there would be no lapse in services.  It is up to the IEP team to decide when the IEP is in effect.  So, it is okay if the team agrees in March that the current IEP will be in place through May and that in May the new IEP will be in effect.
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