Special Education File Reviews

1. Special EducationFile Reviews What are we looking for? How do we know when we’ve found it?

2. Student Assistance Teams • Looking for documentation that all viable general education options have been tried prior to referral for a special education evaluation • There is no specific format for the documentation, but results must be documented.

3. Student Assistance TeamsCommon Questions • How long is the process? No time limit • If the child has an obvious disability, must a district conduct a SAT? Yes , there might be a shorter timeline • If a child receiving special education moves into your district must you conduct a SAT? No • Is a SAT required for a child who no longer qualifies for special education? Yes, to help student move back into general education

4. Prior Written Notice • School District Responsibility • Prior written notice is required whenever the district proposes or refuses to initiate or change the identification, evaluation, educational placement or provision of a free appropriate public education to the child. • Prior written notice is intended to fully inform the parent regarding the proposed activity • Best advice - When in doubt, provide the prior written notice.

5. Prior Written NoticeCommon Questions • What is “a reasonable period of time?” 10 days • If there were no other factors which were relevant to the district’s decision, can we put NA on the form for that section? NO • Must the written notice be provided in the parents’ native language, or can a translator read the notice to the parents? Yes, the notice must be written.

6. Prior Written Notice Common Questions • Does graduation constitute a change in placement requiring prior written notice? Yes, with regular diploma • Can prior written notice be given at the same time parental consent is sought? Yes

7. Informed Consent • The purpose of consent is to ensure that the parent has been fully informed (in writing) of all relevant information regarding the activity for which consent is sought; and • The parent consents (in writing) to the carrying out of that activity. • Consent may be revoked by the parent at any time.

8. Informed ConsentCommon Questions • Sometimes the regulations use the term “agree” and other times “consent”. Do those terms mean the same thing? No. Agree=a decision Consent=in writing • What if the parent revokes consent for something that has already happened? Consent is not retroactive. Parents can’t cancel out what has happened. • If a parent refuses to consent to the initial provision of services, must a district convene an IEP team or develop an IEP? No

9. Informed ConsentCommon Questions • Looking for a signed consent for reevaluation or documentation that the school district or approved cooperative can demonstrate it made reasonable efforts to obtain consent and the child’s parent failed to respond.

10. MDT Purpose of the MDT is to determine eligibility and to determine student’s needs. Except for SLD, there are no longer any specific requirements for team membership – although the parent must be a member of the MDT. The suggested team members in the TA document are best practice. Verification criteria has been moved to the TA document (except for SLD).

11. MDT ReportCommon Questions • Must the parent sign the MDT report? Yes, if parent disagrees school team can say child qualifies. Parent can then refuse services. • Is an MDT meeting required? No, meeting is best practice • What about “secondary” disabilities? Not a requirement • Must the MDT report include a section on “educational needs” of the child or is attaching the various evaluations sufficient? Yes, the educational needs must be included in the MDT report. • What is the timeline for sending a copy to the parent? Evaluations must be completed in 45 school days. What is the date that the evaluation is completed if there is no meeting? – NDE did not give criteria. A copy must be sent to parents within the timeline in the district’s policies/procedures.

12. MDT ReportCommon Questions • When does the 45 day timeline for the initial MDT evaluation begin and end? It begins when district receives consent It ends when the parent signs the MDT form. • Why is the MDT requirements and report different for SLD from all other categories? Federal law has different requirements for SLD. • How is the MDT requirement for SLD different? You must include behavior observations as related to the disability, rule out vision/hearing loss, rule out cultural differences, identify any medical findings that might be related to the disability. • What about RtI? Any special considerations? If a school district is using RtI to verify students as SLD, the team must show that the student is below grade level in standards, has had the opportunity to participate in scientifically based program, and that they have informed parents of their right to request evaluation – 2 NE districts have submitted essential elements and do not use discrepancy rule to verify SLD • Is screening part of the MDT? No it does not take the place of an evaluation

13. Reevaluations • Reevaluations must be conducted if determined necessary by the district or if requested by the parent or teacher. • May not occur more then once each year • Must occur at least once every three years unless the parent and district agree that a reevaluation is not necessary.

14. Reevaluations • Review of existing data • As part of the initial evaluation or any reevaluation the district must review existing data to determine if additional data are necessary IEP team & appropriate MDT members (psych) • If no additional data are necessary, must notify the parents of their right to request additional assessment

15. Reevaluations Common Questions • Is a reevaluation necessary for a student who will be exiting school within a few months of his 3 year reevaluation date? Yes, to identify post school needs OR review existing data & do a determination of no further information needed • What type of notification must be provided to the parent that no additional data are required? Determination notice & reasons why determination was made • Must the notification be provided even if the parent was in attendance at the meeting? Yes • Is a meeting required to review existing data? No

16. Parent ParticipationNotification of IEP meeting • The notification of the IEP meeting is necessary to ensure that the parent has an opportunity to attend and participate in the IEP conference. • If neither parent can attend, the district must use alternate methods to ensure parent participation. • A meeting may be held without the parent if the school is unable to convince them they should attend. Document that the team has made 3 attempts to include the parents.

17. Parent ParticipationNotification of IEP meetingCommon Questions • How long prior to the IEP meeting must the notification be sent to the parents? Pete did not give specific dates or a timeline. • How many times must the district attempt to get the parents to respond to or agree to attend the IEP meeting? 3 • What if the persons indicated on the invitation are not in attendance at the IEP meeting? District must give the parents prior notice and written documentation

18. IEP Participation • The regulations specify a list of IEP team members and their qualifications. • The district must document who is filling which role on the IEP. • In some cases, an IEP team member may serve more than one role. Rule 51 7.03-7.03A12

19. IEP ParticipationCommon Questions • What should we do if the persons listed on the IEP meeting notice don’t match the persons listed as IEP team participants? If parent agrees to exclude, correct the notice & have parents sign. If parent says “no”, you must reschedule. • If the parents are divorced and both want to participate in the IEP meeting, must we allow them both to participate? Yes • Is the Services Coordinator for Part C a required IEP team member (for the initial IEP) or is it enough to document that they were invited to the meeting?Document that they were invited.

20. IEP ParticipantsCommon Questions • If more than one person fits the definition of “Parent”, which person should be selected to be the parent for the IEP meeting? Biological or adoptive parent • Must the IEP team include a parent for a student who is over 19 years of age? 21 is age of majority for special education • May a parent exclude a member of the IEP team? No • Can attorneys participate in IEP meetings? Do they have special knowledge of child & his needs? Parent’s attorney- it is OK to attend – School’s NO. Remind the attorneys of the purpose and focus of the IEP meeting.

21. IEP Attendance - Excusals • In the 2004 Reauthorization of IDEA, Congress included the concept of excusing IEP team members for the IEP meeting under certain conditions. • The notes accompanying the federal regulations indicate that districts should not routinely or unilaterally excuse IEP team members.

22. IEP Attendance – ExcusalCommon Questions • What is the difference between “agreement” and “consent” as used for purposes of excusing IEP team participants from the IEP meeting? If a curricular area will be discussed, parent must have written info from the teacher prior to meeting. • How long prior to the IEP meeting must the district provide notice to the parent that they wish to excuse a member from participation? No requirements • What is the required content for the agreement to excuse an IEP team member? No required content

23. IEP Attendance – ExcusalCommon Questions • Is there a required format or content for the written input provided by the excused member of the IEP team? No • What if the parent initially excused the IEP team member, but now wants them to participate? Reschedule the meeting. If a non required person does not attend, make the notice match the IEP signature page then have parent initial change. • What if an IEP team participant seeks to be excluded, but the district does not agree? The district is the boss.

24. IEP Development(007.07A1 – 007.07A9) Present Level of Academic Achievement and Functional Performance Measurable Annual Goals/Short Term Objectives Progress in Achieving Goals – How Measured and When Reported Special Education and Related Services, Supplementary Aids and Services, and Program Modifications District and State wide Assessment Services and modifications, frequency, duration and location Transition Services

25. Present Level of Academic Achievement and Functional Performance (007.07A1) • Affects the child’s involvement in and progress in the general curriculum • Preschool – Affects the child’s participation in appropriate activities • May include strengths of the child and Concerns of parents • May include information for transition planning

26. Present Levels Common Questions How much information needs to be included? There is no prescribed list Does information have to support the annual goals developed for the child? Yes Is it appropriate to just have test scores? No

27. Measurable Annual Goals (007.07A2) • Goal Page of the IEP – Must be measurable • Includes academic and functional goals • Meets each of the child’s other educational needs • Enables the child to be involved in and make progress in the general curriculum • Preschool – enables the child to participate in appropriate activities

28. GoalsCommon Questions Goals are built from the information in the present levels? Yes If your measurable goal is not measurable and you have included measurable short term objectives is that okay? Yes Can goals be for longer than one year? No, change how measured the goals are measured. Post secondary could be more than one year. Should ESY services be included in annual goals? No, ESY supports the goals of the IEP.

29. Benchmarks/Short Term Objective(007.07A3) • Goal Page of the IEP • Children who take alternate assessments aligned to alternate achievement goals. • Refer to 007.07A7 for alternate assessment determination.

30. Short Term ObjectivesCommon Questions • Still write short term objectives for all children, is that okay? Yes, it is okay. • Can short term objectives be developed and measured to provide the measurement for annual goals? Yes

31. Progress in Achieving Goals – How Measured and When Reported (007.07A4) • Goal Page of the IEP. • Measurement of progress on goals is needed to ensure that the goals are met by the end of the year. • Description of HOW child’s progress will be measured. • Description of WHEN periodic reports will be provided.

32. Progress in Achieving Goals – How Measured and When Reported – Common Questions Can there be more than one method for measuring progress? Yes What needs to be measured and reported to parents? Progress on goals Can the IEP contain a number of ways that progress will be reported to parents? (i.e., Quarterly report cards or mid quarter narrative reports?) Use and not or in the description of how the progress will be reported. Can you have different methods and timeline for each goal? Yes Should the Progress Reports be attached to the IEP? No, but they should be in the file or in the SRS file.

33. Services(007.07A5, 007.07A6, 007.07A8) Services Page of the IEP Enable the child to: • Advance appropriately toward attaining goals • Be involved in and progress in the general education curriculum and participate in extracurricular and other nonacademic activities • Be educated and participate with other children with disabilities and nondisabled children. and • Services, Frequency, duration and location – start dates, amount of time and LRE.

34. ServicesCommon Questions What does the start date of services indicate? What does follows school calendar mean? Services on school days Where is the statement of nonparticipation with nondisabled peers? The statement is on the services page What should be reflected in the Locations column on the Services Page? Regular classroom or pull out

35. Assessment • Special Considerations Page of IEP • Elementary and Secondary Education Act, 2001 and the Individuals with Disabilities Act, 2004 stipulate that all students, including those with disabilities, must participate in state and district-wide assessment. • The IEP of the student taking an alternate assessment must include a statement of why the student cannot participate in the particular regular state or district assessment.

36. AssessmentCommon Questions • If the team determines that a child needs to take an alternate assessment, what other information needs to be included in the IEP? There must be benchmarks with the goals. NESA alternate assessment should be listed on the IEP. • What should be included in the “why” statement, and where can it be found? Follow the guidelines/flowchart that is located at: http://www.education.ne.gov/sped/assessment.html

37. Secondary Transition Looking for documentation that no later than the IEP to be in effect when the student turns 16, or younger if deemed appropriate by the IEP team, the following transition components are included: • measurable postsecondary goals (based on age-appropriate assessments); and • Transition services (including courses of study) needed to assist student in meeting postsecondary goals.

38. Secondary TransitionCommon Questions • If the child will turn 16 during the current IEP year, should transition planning be added to the current IEP? Yes • Are there required age appropriate assessments that must be used while developing measurable postsecondary goals? No specific assessment tools – team determines what assessment s are needed- document the assessments used • Rule 51 includes that transition planning may occur younger than 16 if determined appropriate by the team. Must all secondary transition components be included in this instance? Yes

39. Special Considerations • 007.07B1-007.07B7 • Documentation that the IEP includes the strengths of the child and the concerns of the parent for enhancing the education of the child; • The IEP lists the results of the initial evaluation or the most recent evaluation and the academic, developmental and functional needs of the child.

40. Special ConsiderationsCommon Questions • Where will student strengths and parent concerns be reflected in the IEP? On SRS page 2 or 3 • For accountability with each of the special considerations, what type information should be recorded in each of the items reviewed and considered by the Team? D o not write “NA” . Write “the team considered this the child is not HI, ESL, etc.”

41. Procedural Timelines (009.04A1-009.04A2) • Initial Evaluation Consent, MDT Report, Initial IEP • 45 school days • Reviewed after August 2008 • 30 days for development of the initial IEP

42. Procedural TimelinesCommon Questions • When do the 45 school days start? When does the clock start ticking? When school receives the signed consent. Document the date the consent is received by the district • What are the 30days for the IEP development? They are calendar days.