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Slippery slope!
Presentation Objectives
                          Recognize and avoid
                           12 of the most
                           common IEP missteps
                          Target skills to build
                           and maintain trust
                           between schools and
                           parents




         Adapted from Lake, S. (2010). Slippery slope! The IEP missteps every
         team must know – and how to avoid them. Danvers, MA: LRP.
IDEA 2004
   In the words of a
    principal drafter of the
    original special
    education act, Robert T.
    Stafford (1978), “an
    individualized education
    program (IEP) is the
    central part of this act”
   The critical role of the
    IEP is to improve
    educational results for
    children with disabilities
What does IDEA
  promise?
         Mandate to ensure a
          child with a disability
          receives access to a free
          appropriate public
          education (FAPE)
         A written plan – the IEP
Meeting the Rowley
              Standard
   In 1982, the Supreme
    Court interpreted the
    lynchpin of FAPE is
     a child’s access to
      educational opportunity,
     not the specific
      achievement of educational
      results
   The two prong Rowley
    test for FAPE:
     Has the LEA complied with
      procedural requirements of
      IDEA?
     Is the IEP reasonably
      calculated to enable the
      child to receive educational   Board of Education of Hendrick
      benefit?                       Hudson Cent. Sch. Dist. v. Rowley,
                                     553 IDELR 656 (U.S. 1982)
Misstep 1:
Failing to Obtain Informed Parental
Consent
   Purpose for notice of parental consent
     Parent’s involvement in identification and response
      to a suspected disability is encouraged and
      facilitated
     The school district must make an adequate
      response to parental concerns about children who
      may have disabilities
   Consent Requirements
   Document attempts to obtain
   Revocation of informed consent
Strategies for Compliance To Obtain
Informed Parental Consent
   Provide relevant information
     in written form and through documented discussion in the
      IEP meeting
     in the parents’ native language or other mode of
      communication
   Document all efforts to obtain parental consent in writing
   Develop specific forms for documentation
   Fully describe disputed issues about informed consent in the
    IEP deliberations
   Make sure parents know they can revoke consent
   Follow verbal commitments with written informed consent
   If the student has reached age of majority and rights are
    transferred, make sure the student provides informed consent
Misstep 2: Failing to Ensure Parents’
Meaningful Participating in the IEP
Process
   IDEA “imposes upon the school the duty to
    conduct a meaningful meeting with the
    appropriate parties” 18 IDELR 1019 (9th Cir. 1992)
   Parents role
     Notify parents with sufficient time to ensure
      opportunity to attend
     Schedule the meeting at a mutually agreed
      time and place
   IEP notice
     Indicate purpose, time, and location
     Identify all persons invited
     Include required components
Strategies for Compliance to Ensure
Parents’ Meaningful Participating in the
IEP Process
   Work to ensure amicable agreement about IEP scheduling
   If the school elects to meet and adopt an IEP for a student
    without the parents’ presence, then they need to have
    carefully documented attempts to ensure attendance
   Ensure meetings are scheduled and actually held at agreed to
    times
   Be able to readily show that the parent is an active and
    effective participant in the IEP development
   Attempt to resolve or mediate any communication problems
   Carefully evaluate and consider all parental requests
   Encourage school staff to personally contact parents early in
    the school year
Misstep 3:
Predetermining IEP Services and
Placement
   An IDEA placement decision is a
    cooperative determination concerning the
    location where a school will implement the
    student’s IEP
     The district is under no obligation to provide the
      placement requested by a parent, however must be
      willing to consider
     Avoid predetermining prior to or outside of the IEP
      meeting
Strategies for Compliance to Avoid
Predetermining IEP Services and
Placement
   Make sure the IEP meeting agenda refers to review a “draft”
    IEP and that the “draft” is marked or stamped as “draft”
   Caution district staff members to avoid making any statements
    that could be interpreted as predetermining services or
    placement
   Listen carefully to disagreements or concerns and allow
    enough time to discuss
   Examine relevant documents parents may bring to the
    meeting and document consideration in deliberations
   Make changes as appropriate to the “draft”
   Involve the parents at every stage of the meeting, providing
    them with all necessary information to make informed
    decisions
   Ensure the IEP team actually makes a formal, written offer of
    placement
Misstep 4:
Improperly Excusing IEP Team Members
   Avoid the temptation to routinely or
    unilaterally excuse IEP team members –
    especially the general education teacher
   Be sure to meet prior notice and
    agreement requirements
   Review IDEA requirements
Strategies for Compliance to Avoid
Improperly Excusing IEP Team Members
   Prepare standard forms for written input, consent, and
    agreement
   Comply with IDEA consent requirements
   Document district’s reasonable efforts to obtain parental
    consent
   Anticipate IEP issues
   Avoid routine use of excusal process
   Make sure parents understand they are consenting to excuse
    an IEP team member
   Obtain excused member’s written input in advance of the
    meeting
   Exercise caution if the parents change their mind about
    excusal
Misstep 5:
Improper IEP Team Membership
   Ensure proper composition of the IEP
    team – mandatory and permitted
Strategies for Compliance to Ensure
Proper IEP Team Membership
   Notify parents early enough to allow a reasonable and fair
    opportunity to attend
   Ensure parental meeting notifications include the purpose,
    time, and location of the meeting
   To extent possible, schedule meetings at mutually agreed
    upon time and place
   Keep records of attempts to arrange a mutually agreed upon
    time and place
   Attempt to use methods other than face to face to ensure
    parent participation
Misstep 6: Failing to Address Transition to
Postsecondary Activities and Independent
Living
   IDEA requirements
     Definition of transition services
     Transition requirements
     Child’s interests
     Age for services
     Postsecondary goals
Strategies for Compliance to Address Transition
to Postsecondary Activities and Independent
Living
   Create a formal written transition plan
   Incorporate transition planning into the IEP
   Develop individual transition plans
   Ensure transition planning process starts and is documented at
    least by age 16 for each IDEA eligible child
   Involve parents and students as much and as early as possible
   Draft postsecondary goals that accurately reflect the goals that
    a child hopes to achieve
   Review IEPs to make sure they identify important skills
    needed for transition goals
   Avoid drafting generic transition plans
Misstep 7: Failing to Ensure Availability of
a Continuum of Alternative Placements
   Both the Daniel R.R. (1989) and the Oberti
    (1993) looked at whether a district complied
    with the Least Restrictive Environment (LRE)
    requirement and identified two prongs:
     Whether the student can be educated in a regular
      classroom with the use of supplemental aids and services
     Whether the district has mainstreamed the student to the
      maximum extent appropriate
   The continuum of alternative placements
    ranges from
     least (general education classroom) to
     most (residential placement) restrictive environments
Strategies for Compliance to Ensure
Availability of a Continuum of Alternative
Placements
   Make sure that space does not drive placement decisions
   Ensure general educators believe that students with disabilties
    can learn content-based curriculum
   Avoid predetermination of placement
   Conduct regular in-service training on LRE and continuum of
    alternative placement issues
   Avoid vague, generalized recommendations regarding LRE in
    the IEP
Misstep 8:
Failing to Consider the 5 “Special Factors”
   IEP teams must evaluate and consider
     Behavior
     Limited English proficiency
     Blind/visually impaired
     Deaf/hearing impaired
     Assistive technology
Strategies for Compliance to Consider
the 5 “Special Factors”
   Ensure the IEP team specifically reviews all of the 5 special
    factors as a part of the IEP team process, with parental
    participation and approval, each and every time an IEP is
    developed, reviewed, or revised
   Draft and review behavior intervention plans (BIPs) with input
    from an individual appropriately credentialed
   For a child who is blind or visually impaired, consider
    instruction in and use of Braille
   For deaf and hearing-impaired, consider the child’s language
    and communication needs
Misstep 9: Failing to Follow Proper
Procedures for Publicly Placed Private
School Students
   If the district is unable or unwilling to
    provide FAPE in the public school, that
    district shall assume the cost of educating
    the student in a private school
Strategies for Compliance to Follow Proper
Procedures for Publicly Placed Private School
Students
   Initiate and conduct a meeting to develop an IEP for a student
    placed in private schools
   Ensure that staff knows the district remains responsible for the
    education of the student who is publicly placed in private
    school
   Ensure a private school representative attends the IEP
    meeting
Misstep 10: Failing to Follow
Requirements for Interstate and Intrastate
Transfers
   IDEA requirements
     IEPs
     Transmittal of records
Strategies for Compliance to Follow
Requirements for Interstate and Intrastate
Transfers
    Ensure the district consults with the parents and provides
     services comparable to those in the previous district
    Be familiar with intrastate and interstate IDEA requirements
    Request transmittal of records
Misstep 11: Failing to Address a Student’s
Behavioral and Emotional Needs
   Address behaviors that impact the
    student’s education
   Consider strategies that include positive
    behavior interventions, as well as other
    supports to address behavior
Strategies for Compliance to Address a
Student’s Behavioral and Emotional
Needs
   Obtain all the behavioral information the IEP team needs
   Determine if the student demonstrated behaviors that are
    unsafe and/or interfere with the learning environment
   Carefully review the student’s academic and behavioral history
   Determine if the student has been routinely removed from the
    general education classroom because of inappropriate
    behavior
   Conduct or update a functional behavior assessment (FBA)
   Develop a behavior intervention plan (BIP)
Misstep 12: Failing to Establish and Consider
Existing Evaluation Data and Present Levels of
Performance
   The IDEA has long required the IEP team,
    during initial evaluations and
    reevaluations to review existing data as
    well as present levels of academic
    achievement and functional performance
Strategies for Compliance to Establish and
Consider Existing Evaluation Data and Present
Levels
   Ensure the IEP team fully considers all evaluation data
   Ask parents their concerns
   Document and discuss the implications of all results from
    assessments and evaluations conducted since the last IEP
    meeting
   Analyze precisely what the student knows and is able to do
   Ensure the IEP contains a summary or explanation of the data
    the IEP team considered, so that any reader can easily
    understand the IEP team’s interpretation of the data
   Have the IEP team discuss what the student should know or
    be able to do by the time of the annual review
Summary
   Comply with federal and
    state mandates
   Implement the IEP
   Once an error is
    discovered, the best
    practice is to admit the
    mistake, promptly notify
    parents, and take all
    reasonable steps to
    correct
   Offer compensatory
    education for an IEP
    error
Professional
Development
         Provide in-service
          training sessions to
          avoid mistakes or
          remedy issues
         Work to build
          relationships with
          parents and include
          their input
         Review policies,
          practices, and
          procedures to avoid
          IEP missteps
Contact
             Special Education Solutions
          Region 4 Education Service Center
                  7145 West Tidwell
                 Houston, TX 77092
                    713.744.6365


Linda De Zell Hall, PhD            Jerry Klekotta
     lhall@esc4.net             gklekotta@esc4.net
     713.744.6399                  713.744.6393

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Slippery slope!

  • 2. Presentation Objectives  Recognize and avoid 12 of the most common IEP missteps  Target skills to build and maintain trust between schools and parents Adapted from Lake, S. (2010). Slippery slope! The IEP missteps every team must know – and how to avoid them. Danvers, MA: LRP.
  • 3. IDEA 2004  In the words of a principal drafter of the original special education act, Robert T. Stafford (1978), “an individualized education program (IEP) is the central part of this act”  The critical role of the IEP is to improve educational results for children with disabilities
  • 4. What does IDEA promise?  Mandate to ensure a child with a disability receives access to a free appropriate public education (FAPE)  A written plan – the IEP
  • 5. Meeting the Rowley Standard  In 1982, the Supreme Court interpreted the lynchpin of FAPE is  a child’s access to educational opportunity,  not the specific achievement of educational results  The two prong Rowley test for FAPE:  Has the LEA complied with procedural requirements of IDEA?  Is the IEP reasonably calculated to enable the child to receive educational Board of Education of Hendrick benefit? Hudson Cent. Sch. Dist. v. Rowley, 553 IDELR 656 (U.S. 1982)
  • 6. Misstep 1: Failing to Obtain Informed Parental Consent  Purpose for notice of parental consent  Parent’s involvement in identification and response to a suspected disability is encouraged and facilitated  The school district must make an adequate response to parental concerns about children who may have disabilities  Consent Requirements  Document attempts to obtain  Revocation of informed consent
  • 7. Strategies for Compliance To Obtain Informed Parental Consent  Provide relevant information  in written form and through documented discussion in the IEP meeting  in the parents’ native language or other mode of communication  Document all efforts to obtain parental consent in writing  Develop specific forms for documentation  Fully describe disputed issues about informed consent in the IEP deliberations  Make sure parents know they can revoke consent  Follow verbal commitments with written informed consent  If the student has reached age of majority and rights are transferred, make sure the student provides informed consent
  • 8. Misstep 2: Failing to Ensure Parents’ Meaningful Participating in the IEP Process  IDEA “imposes upon the school the duty to conduct a meaningful meeting with the appropriate parties” 18 IDELR 1019 (9th Cir. 1992)  Parents role  Notify parents with sufficient time to ensure opportunity to attend  Schedule the meeting at a mutually agreed time and place  IEP notice  Indicate purpose, time, and location  Identify all persons invited  Include required components
  • 9. Strategies for Compliance to Ensure Parents’ Meaningful Participating in the IEP Process  Work to ensure amicable agreement about IEP scheduling  If the school elects to meet and adopt an IEP for a student without the parents’ presence, then they need to have carefully documented attempts to ensure attendance  Ensure meetings are scheduled and actually held at agreed to times  Be able to readily show that the parent is an active and effective participant in the IEP development  Attempt to resolve or mediate any communication problems  Carefully evaluate and consider all parental requests  Encourage school staff to personally contact parents early in the school year
  • 10. Misstep 3: Predetermining IEP Services and Placement  An IDEA placement decision is a cooperative determination concerning the location where a school will implement the student’s IEP  The district is under no obligation to provide the placement requested by a parent, however must be willing to consider  Avoid predetermining prior to or outside of the IEP meeting
  • 11. Strategies for Compliance to Avoid Predetermining IEP Services and Placement  Make sure the IEP meeting agenda refers to review a “draft” IEP and that the “draft” is marked or stamped as “draft”  Caution district staff members to avoid making any statements that could be interpreted as predetermining services or placement  Listen carefully to disagreements or concerns and allow enough time to discuss  Examine relevant documents parents may bring to the meeting and document consideration in deliberations  Make changes as appropriate to the “draft”  Involve the parents at every stage of the meeting, providing them with all necessary information to make informed decisions  Ensure the IEP team actually makes a formal, written offer of placement
  • 12. Misstep 4: Improperly Excusing IEP Team Members  Avoid the temptation to routinely or unilaterally excuse IEP team members – especially the general education teacher  Be sure to meet prior notice and agreement requirements  Review IDEA requirements
  • 13. Strategies for Compliance to Avoid Improperly Excusing IEP Team Members  Prepare standard forms for written input, consent, and agreement  Comply with IDEA consent requirements  Document district’s reasonable efforts to obtain parental consent  Anticipate IEP issues  Avoid routine use of excusal process  Make sure parents understand they are consenting to excuse an IEP team member  Obtain excused member’s written input in advance of the meeting  Exercise caution if the parents change their mind about excusal
  • 14. Misstep 5: Improper IEP Team Membership  Ensure proper composition of the IEP team – mandatory and permitted
  • 15. Strategies for Compliance to Ensure Proper IEP Team Membership  Notify parents early enough to allow a reasonable and fair opportunity to attend  Ensure parental meeting notifications include the purpose, time, and location of the meeting  To extent possible, schedule meetings at mutually agreed upon time and place  Keep records of attempts to arrange a mutually agreed upon time and place  Attempt to use methods other than face to face to ensure parent participation
  • 16. Misstep 6: Failing to Address Transition to Postsecondary Activities and Independent Living  IDEA requirements  Definition of transition services  Transition requirements  Child’s interests  Age for services  Postsecondary goals
  • 17. Strategies for Compliance to Address Transition to Postsecondary Activities and Independent Living  Create a formal written transition plan  Incorporate transition planning into the IEP  Develop individual transition plans  Ensure transition planning process starts and is documented at least by age 16 for each IDEA eligible child  Involve parents and students as much and as early as possible  Draft postsecondary goals that accurately reflect the goals that a child hopes to achieve  Review IEPs to make sure they identify important skills needed for transition goals  Avoid drafting generic transition plans
  • 18. Misstep 7: Failing to Ensure Availability of a Continuum of Alternative Placements  Both the Daniel R.R. (1989) and the Oberti (1993) looked at whether a district complied with the Least Restrictive Environment (LRE) requirement and identified two prongs:  Whether the student can be educated in a regular classroom with the use of supplemental aids and services  Whether the district has mainstreamed the student to the maximum extent appropriate  The continuum of alternative placements ranges from  least (general education classroom) to  most (residential placement) restrictive environments
  • 19. Strategies for Compliance to Ensure Availability of a Continuum of Alternative Placements  Make sure that space does not drive placement decisions  Ensure general educators believe that students with disabilties can learn content-based curriculum  Avoid predetermination of placement  Conduct regular in-service training on LRE and continuum of alternative placement issues  Avoid vague, generalized recommendations regarding LRE in the IEP
  • 20. Misstep 8: Failing to Consider the 5 “Special Factors”  IEP teams must evaluate and consider  Behavior  Limited English proficiency  Blind/visually impaired  Deaf/hearing impaired  Assistive technology
  • 21. Strategies for Compliance to Consider the 5 “Special Factors”  Ensure the IEP team specifically reviews all of the 5 special factors as a part of the IEP team process, with parental participation and approval, each and every time an IEP is developed, reviewed, or revised  Draft and review behavior intervention plans (BIPs) with input from an individual appropriately credentialed  For a child who is blind or visually impaired, consider instruction in and use of Braille  For deaf and hearing-impaired, consider the child’s language and communication needs
  • 22. Misstep 9: Failing to Follow Proper Procedures for Publicly Placed Private School Students  If the district is unable or unwilling to provide FAPE in the public school, that district shall assume the cost of educating the student in a private school
  • 23. Strategies for Compliance to Follow Proper Procedures for Publicly Placed Private School Students  Initiate and conduct a meeting to develop an IEP for a student placed in private schools  Ensure that staff knows the district remains responsible for the education of the student who is publicly placed in private school  Ensure a private school representative attends the IEP meeting
  • 24. Misstep 10: Failing to Follow Requirements for Interstate and Intrastate Transfers  IDEA requirements  IEPs  Transmittal of records
  • 25. Strategies for Compliance to Follow Requirements for Interstate and Intrastate Transfers  Ensure the district consults with the parents and provides services comparable to those in the previous district  Be familiar with intrastate and interstate IDEA requirements  Request transmittal of records
  • 26. Misstep 11: Failing to Address a Student’s Behavioral and Emotional Needs  Address behaviors that impact the student’s education  Consider strategies that include positive behavior interventions, as well as other supports to address behavior
  • 27. Strategies for Compliance to Address a Student’s Behavioral and Emotional Needs  Obtain all the behavioral information the IEP team needs  Determine if the student demonstrated behaviors that are unsafe and/or interfere with the learning environment  Carefully review the student’s academic and behavioral history  Determine if the student has been routinely removed from the general education classroom because of inappropriate behavior  Conduct or update a functional behavior assessment (FBA)  Develop a behavior intervention plan (BIP)
  • 28. Misstep 12: Failing to Establish and Consider Existing Evaluation Data and Present Levels of Performance  The IDEA has long required the IEP team, during initial evaluations and reevaluations to review existing data as well as present levels of academic achievement and functional performance
  • 29. Strategies for Compliance to Establish and Consider Existing Evaluation Data and Present Levels  Ensure the IEP team fully considers all evaluation data  Ask parents their concerns  Document and discuss the implications of all results from assessments and evaluations conducted since the last IEP meeting  Analyze precisely what the student knows and is able to do  Ensure the IEP contains a summary or explanation of the data the IEP team considered, so that any reader can easily understand the IEP team’s interpretation of the data  Have the IEP team discuss what the student should know or be able to do by the time of the annual review
  • 30. Summary  Comply with federal and state mandates  Implement the IEP  Once an error is discovered, the best practice is to admit the mistake, promptly notify parents, and take all reasonable steps to correct  Offer compensatory education for an IEP error
  • 31. Professional Development  Provide in-service training sessions to avoid mistakes or remedy issues  Work to build relationships with parents and include their input  Review policies, practices, and procedures to avoid IEP missteps
  • 32. Contact Special Education Solutions Region 4 Education Service Center 7145 West Tidwell Houston, TX 77092 713.744.6365 Linda De Zell Hall, PhD Jerry Klekotta lhall@esc4.net gklekotta@esc4.net 713.744.6399 713.744.6393

Hinweis der Redaktion

  1. Review page 2-4 on when consent is required
  2. Review pages 4-5
  3. Review pages 13 - 15
  4. Review pages 27 - 30
  5. Review pages 49-52
  6. Review page 61-63
  7. Review pages 71-73
  8. Review pages 83-88
  9. Review pages 95-97
  10. Review pages 103-106
  11. Review pages 113-114
  12. Review 119-122