Enforcing and Maintaining the IEP

1. Enforcing and Maintaining the IEP Jennifer Monthie Disability Advocates, Inc. 5 Clinton Sq. 3rd Floor Albany, New York 12207 (518) 432-7861 www.disability-advocates.org

2. Individualized Education Program (IEP) • A written statement, developed, reviewed and revised by the CSE/PCSE • Both the federal and state law contain very specific requirements as to what an IEP must contain. These requirements are intended to clearly detail for the CSE all that should be considered at a CSE meeting.

3. What must be in an IEP? • Present Levels of Educational Performance; • Disability Classification; • Annual Goals; • Specific Educational Services; • Testing Accommodations; • The Extent of Mainstreaming; • Transition; • Extended Year Services; and • Parent Notification.

4. 1. Present Levels of Performance • The IEP must include: present levels of educational performance and individual needs of the student in the following areas: • educational achievement and learning characteristics; • social development; • physical development; and • management needs.

5. What is “present levels of performance”? • An assessment of how the student’s disability affects involvement and progress in the general education curriculum.

6. Academic Achievement, Functional Performance and Learning Characteristics • The level of knowledge and development in subject and skill areas, including activities of daily living, level of intellectual functioning, adaptive behavior, expected rate of progress in acquiring skills and information, and learning styles.

7. Social Development • The degree and quality of the student’s relationships with peers and adults, feelings about self, and social adjustment to school and community environments.

8. Physical Development • The degree or quality of the student’s motor and sensory development, health, vitality, and physical skills or limitations which pertain to the learning process.

9. Management Needs • The nature and degree to which environmental modification and human or material resources are required to enable the student to benefit from instruction.

10. 2. Disability Classification • The IEP must indicate the classification of the disability from the list below: • Autism; • Deafness; • Deaf-Blindness; • Emotional Disturbance; • Hearing Impairment; • Learning Disability;

11. Disability Classification Continued • Mental Retardation; • Multiple Disabilities; • Orthopedic impairment; • Other Health Impaired; • Speech and language Impairment; • Traumatic brain injury; and • Visual impairment including blindness.

12. 3. Measurable Annual Goal • The IEP must list measurable annual goals consistent with the student’s needs and abilities. • Relate to the student’s “needs” to allow the student to progress in the general education curriculum; and • Meet the student’s “other education needs” that result from the student’s disability.

13. How are annual goals measured? • Each annual goal must include the evaluative criteria, evaluation procedures and schedules to be used to measure progress toward meeting the annual goal. • The IEP must specify: • Evaluative criteria; • Evaluative procedures; • Schedule; and • Periodic reports on the progress of the student.

14. Short-Term Instructional Objectives • For students who take a New York State alternative assessment (see later in presentation) and for preschool students with disabilities, the IEP must include a description of the short-term instructional objectives and/or benchmarks that are the measurable intermediate steps between the student’s present level of performance and the measurable annual goal.

15. 4. Special Education Program and Services • The IEP must indicate the recommended special education program and services that will be provided to the student: • To advance appropriately toward attaining the annual goals; • To be involved and progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and • To be educated and participate with other students with disabilities and nondisabled students.

16. Special Education Program Continued • The program and services must be based on peer-reviewed research and as appropriate indicate: • The general education classes which the student will receive consultant teacher services; • The class size; • The supplementary aids and services and program modifications; • Statement of supports for school personnel on behalf of the student;

17. Special Education Program Continued • The extent to which the student’s parents will receive parent counseling and training; • Any assistive technology devices or services, including the use of such devices in the student’s home or other settings; • The anticipated frequency, duration and location of each recommended program and service, including supplementary aids and program modifications; • Projected date of initiation of the recommended special education program and service.

18. 5. Testing Accommodations • The IEP must include a statement of any individual testing accommodations to be used consistently by the student in the recommended educational program. • These testing accommodations must be administered in any district-wide assessments of the student’s achievement.

19. State and District-wide Assessment • If a student will participate in an alternative assessment on a particular State or District assessment, the IEP must provide a statement of why the student cannot participate in the regular assessment and why the particular alternative assessment selected is appropriate for the student.

20. 6. Participation in General Education Programs • The IEP must provide: • An explanation of the extent to which the student will not participate in general education programs; • For students who do not participate in general physical education, the extent to which the student will participate in specially-designed instruction in physical education

21. 7. Transition Services • No later than the age of 15; • Updated Annually; • Including: • Under present levels of performance, a statement of the student’s needs, taking into account the student’s strengths, preferences, and interests (related to transition from school to post-school activities); • Appropriate measurable postsecondary goals based upon age appropriate transition assessments relating to training, education, employment and independent living skills;

22. Transition Continued • A statement of the transition service needs of the student that focuses on the student’s courses of study, such as participation in advanced-placement studies or vocational education program; • Instruction, related services, community experiences, development of employment or other post-school adult living objectives, acquisition of daily living skills and functional vocational evaluation to facilitate movement from school to post-school activities; • Statement of the responsibility of the school district and participating agencies.

23. 8. Twelve Month Services • For students eligible for 12-month services, the IEP must indicate the identity of the provider, a statement of the reason for the recommendation, and the projected date of review.

24. Implementing the IEP • Once the IEP is developed and approved by the Board of Education, a student with a disability is entitled to a free and appropriate public education (FAPE). • This means that the Board of Education is responsible for arranging for the IEP to be implemented within 60 school days of the receipt of consent to evaluate.

25. Review and Modification to the IEP • The IEP must be reviewed and modified at least annually, but may be reviewed more frequently if appropriate. • The IEP should be revised in the following circumstances: • The student has not made the expected progress towards the annual goals or in the general curriculum; • New information has been provided that suggests the need for revisions; and • As necessary to meet anticipated needs or address testing modifications;

26. 9. Notification of the IEP • Each of the child’s teachers must be informed of his/her responsibilities related to implementing the IEP and specifically accommodations, modifications and supports that are necessary for the student to participate in the general curriculum. The IEP must also be accessible to all the teachers and providers. • Once the program is in place, parents should be kept informed about their child’s progress with regard to the goals and objectives on the IEP.

27. Amendments to the IEP • Amendments to an IEP made after the annual review by the CSE may be made by rewriting the IEP or by developing a written document to amend or modify the student’s current IEP, provided that: • The parent shall receive prior written notice of any changes to the IEP; and • The parent shall receive a copy of the document that amends or modifies the IEP; or a revised IEP upon request.

28. Thank You.