5 Individual Education Program (IEP)


 

Forms/Links

 
Chapter Revision date: 11/17
 
 
IEP Compliance Video:
 
Password: sandi
 
 

If the IEP team determines that a child has a disability covered under the IDEA and requires special education and/or related services, the team will develop an individualized education program. The IEP is a written document that describes the child’s needs and the services that will meet those needs.  The IEP is the district’s offer of a Free Appropriate Public Education (FAPE). 

The student’s IEP must be accessible to the student’s general education teacher(s), special education teacher, related service provider, and any other service provider responsible for its implementation.  Each teacher and provider is to be informed of his or her specific responsibilities related to implementing the child’s IEP including the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP. 

The content of the IEP must:

  • Include a statement of the individual’s present levels of academic achievement and functional performance, which also addresses the manner in which the disability affects his/her involvement and progress in general education.
  • Outline a plan of specially designed instruction.
  • Establish measurable, annual goals based on the needs of the student.
  • List the services and supplementary aides to be provided to a student, and a statement of accommodations, modifications or supports for student or school personnel that will be provided to enable the student to make progress on goals.
  • Determine the appropriate educational placement.
  • Include the IEP Transition Plan the measurable post-secondary goal(s) and transition services and activities beginning not later than the first IEP to be in effect when the pupil is 16 years of age. This may be included when the student is younger than 16, if determined appropriate by the IEP team. 

note All IEPs are to be completed using the district’s electronic IEP system. 

Notice of IEP Team Meeting

For initials and triennials, the IEP team meeting is to be held within 60 calendar days from the date the district receives parent/guardian written consent for assessment, unless the parent/guardian agrees in writing to an extension before the deadline.  An IEP Meeting Notice must be provided to the parent/guardian and their advocate or attorney, allowing enough time for parties to be able to attend and participate in the meeting.  Generally, this is more than one week notice. 

note IEPs should be scheduled far enough in advance to allow for cancellations and rescheduling of the meeting within the 60-day timeline.  Do NOT wait until the last day of the timeline to convene the meeting. 

5.1      Scheduling an IEP Team Meeting

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 The case manager must:

  • Schedule an IEP team meeting with the parent early enough to ensure his or her attendance and at a mutually agreed upon time and place.
  • Notify all IEP team members of the meeting early enough to ensure their attendance.
  • Complete the IEP Team Meeting Notice form in the district’s electronic IEP system; and, save the Meeting Notice.
  • Send the completed form to the parent/guardian, and any other participants (such as agencies, representatives) in a manner that you feel confident they will receive it.

o   If you do not receive confirmation from the parent/guardian concerning attendance at the IEP meeting, you must contact the parent to determine if they will attend the meeting.  If parent/guardian indicates that they cannot attend on the date scheduled, propose other dates and times for the meeting.    A new IEP Team Meeting Notice must be sent each time the meeting is rescheduled. 

5.2      IEP Team Members

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The minimum required IEP team members include the following:


Parents

The student’s parents, legal guardian, parent surrogate or parent designee.  Parents may elect not to attend and to have the meeting held without them, or the parent may designate, in writing, that someone attend the IEP on their behalf.  This should be indicated by the parent on the IEP Team Meeting Notice form.  Though a designee can attend the meeting in place of the parent, the parent must sign the IEP before implementation can occur.  If the parent does not hold educational rights, contact your district-level support staff for further information on how to proceed.

Special Education Teacher    

At least one special education teacher, or where appropriate, at least one special education provider of the student.

 


Administrator

Designee

A representative of the school district, other than the student’s teacher, who is:

  • Knowledgeable about program options appropriate for the student.
  • Knowledgeable about the availability of resources of the district and has the authority to commit these resources.
  • Knowledgeable about the general curriculum.
  • Qualified to provide or supervise the provision of special education.

The administrative designee is authorized to make decisions that will commit the resources of the district.  There are many different people who can serve as the administrative designee.  Generally, it is the site administrator, vice-principal, or program manager who fulfills this role.  The site administrator is responsible for determining an appropriate “administrative designee” if unable to attend.

A person who has completed an evaluation or is a service provider for the student cannot serve as the administrative designee at the IEP team meeting.  The administrative designee cannot serve any other role at the IEP team meeting (e.g. special education teacher, general education teacher, assessor, etc.)

 

General Education Teacher

At least one general education teacher of the student if the student is, or may be, participating in the general education environment.

If the student does not presently have a teacher, then the teacher with the most recent and complete knowledge of the student, the teacher referring the student, or a teacher qualified to teach students of the student’s age/grade may take part.

If more than one general education teacher is providing instructional services to the student, then one general education teacher can be designated to represent the others.

The general education teacher participates in the development, review and revision of the IEP including, but not limited to, assisting in the determination of:

  •  Appropriate positive behavior interventions and strategies.
  • Supplementary aids and services.
  • Program modifications.
  • Support for school personnel.

It is recommended that the general education teacher also provide information related to the student’s:

  • Present levels of educational performance,
  • Progress in attaining annual goals and short term objectives, and
  • Involvement and progress in the general curriculum.

The general education teacher MUST attend all or a portion of the IEP team meeting.  If the IEP team agrees that the general education teacher does not need to attend the entire time, the excusal form must be completed and permission granted in writing by the parent in advance of the IEP meeting.   (Excusing an IEP Team Member:  found at Special Education Department>Special Ed Staff Resources>IEP)

 

Assessor

Designee

An individual who conducted an assessment or who is qualified to interpret the instructional implications of assessment results.  This may be one of the educators named above.

 

 Student

At the age of majority (18 years), the student must be invited and attend the IEP team meeting on their own behalf, unless his/her parents have obtained conservatorship.  The student may elect not to attend and to have the meeting held without him/her or the student may designate, in writing, that someone will attend the IEP meeting on the student’s behalf.  This could be the student’s parent. 

Important:     All students age 16 or older must be invited to attend all IEP team meetings where transition services are discussed.

 

Individuals with knowledge or expertise regarding the student

The determination of knowledge or special expertise of any individual shall be made by the party (parents or public agency) who invited the individual to be a member of the IEP and may include, but is not be limited to, the following:

  • Related services (e.g. SLP, OT, PT, etc.) personnel
  • The student’s receiving teacher/case manager when student transitions from one school to another.
  • Interpreters/translators
  • Individuals invited by the parent/district.
  • Representatives from agencies where the student may be receiving services, such as Regional Center.

 

note Only those participants who have been checked on the IEP Meeting Notice can attend the meeting.  If any changes to the Meeting Notice form are necessary, e.g. the meeting date, time, location or the participants, an updated Meeting Notice must be sent to the parent.  There is no requirement for parent/guardian to notify the district if they are bringing an advocate, attorney or an individual with knowledge or expertise to the IEP team meeting. 

If the meeting was scheduled via a telephone or e-mail conversation with the parent, the case manager must still document this on the IEP Meeting Notice and have the parent sign and date the form at the IEP team meeting (using the date of the IEP meeting), e.g. IEP team meeting was scheduled per telephone/e-mail conversation on (date) with (parent) 

5.2.1      Excusing an IEP Team Member

An IEP team member may be excused from attending all or part of an IEP team meeting by mutual agreement in writing between the parent and district, under the following circumstances:

  1. The area of curriculum or related service is not being discussed or modified at the IEP team meeting;
  2. or The area of curriculum or related service is being discussed or modified at the IEP team meeting but the excused team member has provided written input to the parent prior to the IEP team meeting.

The parents, school administrator, student’s general education teacher(s), special education teacher(s), related service providers, and any professionals involved in the student’s assessment are required members of the IEP team.  Team members may be excused from an IEP meeting, with advance written agreement from parent and district on the form Excusing an IEP Team Member.  (Forms/Links)  

EXCEPTION: the site administrator or designee must always be in attendance at IEP Team meetings and may not be an excused IEP team member.

If the general education teacher is a required member of your IEP team, i.e., the student is or may be participating in general education, then the general education teacher may be excused from attending the meeting with permission from parent/guardian using the form.  However, if a general education teacher is not a required member of the student’s IEP team, i.e., the student is not and will not be participating in general education, excusal of a general education teacher is not required. 

note Best Practice:  The general education teacher must attend for at least part of the Initial IEP meeting even if the student is not and will not be participating in general education. 

The Team Members must follow the steps listed below to be excused from attending the IEP meeting.

1.    Identify which IEP team member(s) may be excused from the meeting.  If that member’s area of curriculum or related service will be discussed or modified at the IEP meeting, that team member must provide written input to case manager prior to the IEP    team meeting. 

2.    Contact the parent and discuss why the district is proposing to excuse a team member from attending the meeting.  As appropriate, advise the parent that written input from the excused team member(s) will be provided prior to the meeting.

3.    Upon agreement from the parent to excuse a team member, follow specific directions to complete and sign the form Excusing an IEP Team Member.  (Forms/Links)

4.    If the parent does not agree to the excusal, that person must attend the IEP meeting or the meeting must be rescheduled. 

note Written input from the excused team member(s) must be provided to the parent and the case manager prior to the IEP team meeting.  This input can be provided under separate cover. 

5.    Notify appropriate staff that agreement has been reached to excuse them from participating in the meeting.  Written input may be required if appropriate.  Also notify other team members that you will not be in attendance at the meeting.

6.    On the IEP Signature Page, indicate “Excused” on the signature line for the excused team member.  Attach the excusal form to the electronic IEP system.  On Team Action page, document excusal of team member as well. 

5.3      Request for an IEP Team Meeting

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If a parent or any other IEP team member requests a meeting of the IEP team to review the IEP, the meeting must be held within 30 calendar days from receipt of the written request.  If the parent makes an oral request, the district must notify the parent of the need for a written request.  Every day counts, except time periods when school is not in session for a period exceeding five (5) school days.   For example, spring break is not in excess of five days; however, winter break is.

5.4      Audiotape Recording of the IEP Team Meeting

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If parent/guardian wishes to audiotape/record the IEP team meeting, they can do so by providing notice of their intent to record the meeting at least 24 hours prior to the meeting.  It is the case manager’s responsibility to notify the IEP team members if the meeting will be audiotaped.

If district staff initiates the 24 hour notice to audiotape/record the meeting and the parent objects to recording or refuses to attend the meeting because it will be recorded, then the meeting cannot be recorded.

note The district should record the meeting if anyone else is doing so.
  • No videotaping is permitted. 

5.5      Conducting the IEP Team Meeting

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When conducting an IEP team meeting, the case manager should:

  • Introduce all members of the IEP team
  • Review the meeting agenda
  • Review the purpose of the meeting
  • Establish meeting “ground rules” as appropriate
  • Ensure parents receive a copy of the Notice of Procedural Safeguards and review/summarize the Notice of Procedural Safeguards with the parent
  • Facilitate the development of the IEP for the student.

note If any participant is using an interpreter, remember to establish eye contact and direct all comments directly to the participant and then allow time for the interpreter to translate.  

5.5.1   Convening an IEP Team Meeting without the Parent

The district may conduct an IEP team meeting without a parent in attendance IF they cannot convince the parents to attend.  The case manager must attempt to contact the parent through various means, such as telephone calls, e-mail, written correspondence and home visits before convening an IEP team meeting without the parent.

The case manager must maintain documentation of these attempts in the form of:

  • Detailed records of telephone calls made or attempted and the results of those calls,
  • Copies of correspondence sent to the parents and any responses received, and
  • Detailed records of visits made to the parent’s home or place of employment and the results those visits.

Best practice:   communicate with the parent/guardian in three (3) different ways, on three (3) different occasions before holding a meeting without parent in attendance.  

A Prior Written Notice must be sent to the parent before the (final) scheduled meeting, identifying time, date and place of the meeting; closing it with a message that you hope they will be able to attend. 

checkbox If the meeting is held without the parents, the case manager must document the attempts to arrange a mutually agreed upon meeting time and place.  At the conclusion of the meeting, the case manager must contact the parent to explain the results of the meeting and the IEP that was developed.   Case manager must send a copy of the IEP to the parent with a cover letter explaining next steps to indicate the parent’s level of consent.

5.6      IEP Development

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Listed below are the required contents of an IEP including those factors to be taken into consideration when developing the IEP.  For a detailed description of how to complete each section of the IEP, go to the IEP Handbook.  (Forms/Links)

Required Content/Considerations

Procedures

Include a statement of the student’s present levels of academic achievement and functional performance.

Consider the strengths of the student.

Include the following information in the Present Levels of Educational Performance:

  • The student’s strengths/interests/learning preferences.
  • How the student’s disability affects involvement and progress in the general education curriculum.   For preschool children, how the child’s disability affects participation in appropriate activities.
  • Results of state and/or district-wide assessment programs, or alternate assessments. 
  • Areas affected by the student’s disability.
  •  Pre-academic/academic/functional skills.
  • Communication development.
  • Fine and gross motor and sensory development.
  • Health.
  • Social/emotional development.
  • Adaptive/Self-help skills.
  • Language of instruction, when pertinent.

 

Consider the concerns of the parent for enhancing the education of their child.

                 

Ask the parent to state any concerns they may have relevant to their child’s educational progress in school.

Check to make sure the concerns have been accurately recorded.

 

Determine the educational needs of the student.

Include all areas that have been identified as adversely affecting educational progress.

Address English Learners (EL) needs.

Develop a measurable annual goal for each area identified as an area of need.

Develop goals that:

checkbox Address areas of identified need, not areas where the student has yet to be exposed to the material.

 

Include measurable annual goals and short-term instructional objectives or benchmarks, as appropriate

Develop a measurable annual goal for each identified area of need. 

Develop goals that address deficit areas not areas where the student has yet to be exposed to the material.

Develop goals that:

  • Are measurable.

checkbox Meet the needs of the student resulting from the student’s disability.

checkbox Enable the student to be involved in and progress in the general education curriculum.

checkbox Describe what the student can reasonably be expected to accomplish within a twelve month period.

checkbox Are linguistically appropriate.

checkbox Address vocational or pre-vocational needs.

checkbox Enable a preschool child to participate in appropriate activities.

·         Ensure that there is a direct relationship between the present levels of educational performance, the student’s goals and benchmarks/objectives, and specific educational services to be provided.

·         Write English language development goals for all English Learners.

 

Support goals with appropriate baseline data that reflects where the student is presently functioning related to the desired outcome/goal.

Use measureable and objective data to determine a student’s baseline to develop annual goals.

 

For students taking alternative assessment (e.g. the CAPA), develop a minimum of two benchmarks/objectives for each goal that:

checkbox Addresses what the student will do.

checkbox Describes the conditions.

checkbox Describes the evaluation standards.

checkbox Develop benchmarks/objectives that are sequenced toward the annual goal.

Identify the person(s) responsible for the implementation of the goal.  Parents and Students are generally not responsible for implementation of goals.

 

An explanation of the extent to which the student will participate in the general education program and curriculum.

Describe all areas in which the student will participate in the general education environment, e.g. math, reading, computers, assemblies, lunch, recess, school-sponsored extra-curricular activities.

 

An explanation of the extent, if any, to which the student will not participate with nondisabled children in the regular classroom.

·                      

Specify the times when the student will not be in a general education classroom, e.g. supplementary small group reading instruction, academic instruction in a separate setting.

 Describe why student’s disability prevents his/her needs from being met in the general education environment even with the use of supplementary aids and services.

 

A statement of the specific special education instruction and related services, and supplemental aids and services to be provided to the student or on behalf of the student.

Specify supplementary aids, services and/or modifications to be provided to the student or on behalf of the student that will enable the student to:

       checkbox Advance appropriately toward attaining the annual goals.

       checkbox Be involved and progress in the general education curriculum.

       checkbox Participate in extra curricular and other non-academic activities.

       checkbox Be educated and participate with other children with disabilities and nondisabled children.

 

A statement of the program modifications or supports that will be provided to (general education) school personnel.

Specify any program modifications or supports that will be provided to general education school personnel that will allow the student to:

checkbox Attain his or her annual goals.

checkbox Be involved and progress in the general education curriculum.

checkbox Be educated and participate with other children with disabilities and nondisabled children.

checkbox Include specific information regarding support, e.g., consultation to the classroom teacher by resource specialist at least two times per month on reading strategies.

 

For a student whose behavior impedes his or her learning or that of others, consider strategies, including positive behavioral interventions, strategies and supports to address that behavior.

 (Refer to Chapter 14, Positive Behavior Support)

 Consider if the student’s behavior impedes his or her learning or that of others.

Develop strategies to address the behavioral concerns.

Include activities such as a behavior contract with a teacher and parent, reinforcement schedules, token economy, etc.

Develop a behavior intervention plan for a student that exhibits behaviors interfering with learning of themselves or others.

A functional behavior analysis (FBA) may be utilized if necessary.

 

              

      

A reevaluation of the student must be conducted at least every three years or more frequently, if conditions warrant, or if the student’s parent or any member of the IEP team requests a new assessment.

Plan for the next required three-year reevaluation as the time of the triennial reassessment approaches.

If no additional reassessment data is needed, the student’s parent should be notified of the district’s intention to conduct a records review only.

Develop a new assessment plan if the IEP team determines that additional information is needed in order to complete the reevaluation.

There is no requirement to conduct a comprehensive assessment (i.e. administer standardized testing) unless requested to do so by the student’s parent.

Develop the new assessment plan well in advance of the reassessment due date [minimum of 65 days] to allow time for appropriate assessments to be completed by the due date.

note A reassessment is required before any significant change can occur such as change in eligibility, change in placement, add or remove related services.

note All students being assessed for a triennial reassessment must have a hearing and vision screening unless parent permission is denied.

Consider whether the student requires assistive technology devices and services to meet educational goals and objectives

For all students:

  • Consider whether the student requires technology to receive an appropriate education.  Technology can be basic such as a calculator, or complex such as a voice activated computer.
  • Contact the Assistive Technology Department for assistance if the IEP team determines that an assistive technology consultation or assessment is needed.
  • Follow all applicable assessment plan timelines.

 

For students with low incidence disabilities:

  • List the specialized equipment needs, such as: switches, prone standers, enlarging devices or voice-activated technologies.
  • Contact the appropriate low incidence department for assistance with the assessment.

 

A statement of how the student will take district or state-wide achievement tests and which accommodations and/or modifications are necessary in the administration of such assessments.

Designate the type of assessment(s) the student will receive.  Students should participate with their general education peers unless they meet specific criteria.

Indicate which standard and nonstandard accommodations are necessary for the student for the assessment process.  These accommodations must be consistent with the accommodations implemented during the student’s daily instruction.

Complete the IEP Alternate Assessment Survey when Alternative Assessment is considered.

Include a statement indicating the rationale and how the student will be assessed, if the student will not be participating in district or statewide assessments.

 

If the student is blind or visually impaired, provide for instruction in braille and the use of braille.

Evaluate the student’s reading and writing skills, needs, and appropriate reading and writing media.

Evaluate the student’s future needs for instruction in Braille or the use of Braille.

Determine if instruction in Braille or the use of Braille is appropriate for the student.

note The presumption is that all students who are blind or visually impaired will receive instruction in Braille and in the use of Braille unless the IEP team determines, after an evaluation of the child’s reading and writing skills, needs and appropriate reading and writing media, that instruction in Braille and the use of Braille is not required for the student.

 

Consider the communication needs of the student.

Specify any communication needs of the student, e.g. speech or language services, augmentative materials or devices.

In the case of a student with limited English proficiency, consider the language needs of the child as those needs relate to the student’s IEP including linguistically appropriate goals, objectives, programs and services.  Refer to Chapter 7, English Learners)

 

If the student is Deaf or Hard of Hearing, consider if specialized communication strategies are required.

Determine if a student who is deaf or hard of hearing needs specialized communication strategies, such as sign language, aural/oral approach, etc.

Include a D/HH teacher as the primary participant in this determination.

 

If the student is Deaf or Hard of Hearing, describe opportunities for direct instruction and communication with peers and adults in student’s language and mode of communication.

 For students receiving D/HH services in a separate class setting:

Include a short statement about the fact that D/HH classes are housed at centralized sites in order to provide the student opportunities for communication with peers and adults (including others impacted by hearing impairments) as well as instruction from professional personnel who are knowledgeable of the student’s language and communication needs.

For students in D/HH integrated program:

Include a statement that focuses on the rationale for the student’s placement in a site-based itinerant class.

 

Transition services language and/or planning.

·                      

Determine the student’s projected graduation status.

note All students are considered to be diploma-bound, unless recommended otherwise by the IEP team.

A Summary of Performance is required for students graduating with a diploma or exiting from special education due to reaching the maximum age (22).  Refer to Chapter 25, Graduation Requirements and Summary of Performance for more information.  A Summary of Performance is not an IEP and is in addition to a triennial reassessment or annual review.

 

Transition services language and/or planning:  Beginning at the IEP year in which the student will turn 16, or younger, if appropriate, a written transition plan that includes a statement of needed transition services for the pupil.

(Refer to Chapter 34, Transition Plans)

 Develop a full transition plan for all students age 16, and for younger students with severe disabilities or students who are at risk of dropping out of school before age 16.

Describe the services needed to help the student move from school to work and adult life or other appropriate post-high school options.

Include, when appropriate, a statement of the interagency responsibilities or any needed linkages.

 

A statement of how the student’s parents will be regularly informed of their child’s progress toward annual goals and the extent to which that progress will enable the student to achieve those goals.  

Determine how the parent(s) will be informed of the child’s progress at least as often as parent(s) of nondisabled children are informed of progress, such as a progress summary report, annotated goals pages, and/or conferences.  ALL progress on goals must be documented in writing and must be placed within the IEP electronic system and student’s Special Education Container.

Determine when the parent will be advised of progress toward annual goals, such as through the use of quarterly or other periodic reports, or concurrent with the issuance of report cards.

 

Extended school year (ESY) services, i.e. intersession or summer school, if needed.

Complete the ESY survey for IEP team consideration and Extended School Year forms in the district’s electronic IEP system before determining if ESY services are necessary.

Determine if the student requires ESY services.

 

The need, if any, for transportation as a related service.

Determine if transportation is necessary for the student’s access to his/her LRE placement.

Complete a transportation form (F-12) for initial placements or change of placement/service, and when transitioning a student from one site to another.

Contact a representative from the Transportation Department whenever there are any questions about transportation.

Include a representative from Transportation on the Notification of IEP Team Meeting when appropriate.

 

Beginning at least one year before the pupil reaches the age of 18, include a statement that the student has been informed of his or her rights that will transfer to the student on reaching the age of majority.

 Explain the special education process, including the Notice of Procedural Safeguards, to the student and his/her parents at the IEP team meeting or other meeting preceding the student’s 17th birthday.

Contact your district level support person if you have any questions or need for clarification.

note At age 18, the student assumes all the rights of an adult in making his/her own IEP team decisions unless the parent has obtained a conservatorship through the court system. 

 

Start date, end date, frequency (hours/minutes), and location of services included in the IEP offer of FAPE.

Determine services the student needs student in order to implement goals and objectives.

Determine start date, end date (usually one year from date of the IEP, minus one day; except when the team agrees to an earlier date), frequency (number of hours/ minutes) the student will be receiving the service and the environment where services will be provided.

Use the date the IEP forms are signed as the initiation date unless the IEP team agrees that services are to start on a different date.  The team must agree to any break in service other than times when school is not in session.  This must be clearly documented on the IEP in the IEP Team Actionpage.

 

note Related Service Providers can indicate service by listing the frequency in terms of minutes or hours per week, month or year.  It is recommended that the frequency of related services be listed in terms of “year.”  If frequency of service is being listed per year, then the service should also be listed in terms of hours, rather than minutes.  The following is an example of how this would be listed in the IEP:

                FREQ                NO.           HRS./MIN.

                Year                   30             Hours

note Education Specialists are to indicate services per week for direct, co-teaching or collaboration.  Only consultation services can be listed monthly.  

The following example shows how this would be listed in the IEP for direct, co-teaching or collaboration:

                FREQ                NO.       HRS./MIN.   

              Week                   5                Hours

The following example shows how this would be listed in the IEP for consultation:

                FREQ                NO.       HRS./MIN.   

              Month                  2                Hours

 

 5.7      IEP Consent

Upon completion of the IEP, the parent/guardian (“parent”) is asked to review and sign the IEP document.  The parent has the option of consenting to all or part of the IEP.  If parent agrees to portions of the IEP, those parts must be documented on the IEP Team Action page and must be implemented as soon as possible.

All attendees at the meeting must sign the IEP in the spaces allocated to indicate their attendance at the meeting.  Enter the name of the meeting participants on the IEP Team Action page if a participant declines to sign the IEP, left the meeting early or otherwise did not sign.

On occasion, a parent may wish to take the IEP with them to review.  In this instance, a copy of the IEP should be provided to the parent. Once the parent has consented to the IEP, obtain the parent’s signature on the original form. 

If after 15 days, the parent has not yet given consent, lock the IEP without consent and schedule a follow-up (amendment) IEP meeting.   If the IEP event will become overdue prior to the end of the 15 day period, the event should be locked without consent prior to the IEP due date.  

note If the parent does not consent to any portions of the initial IEP, no further action is necessary and the student will not receive special education and/or related services.  However, if the parent consents to “Eligibility,” then the IEP team must meet again to discuss parent’s concerns. 

5.7.1      Implementing the IEP

An IEP must be implemented as soon as possible following the IEP team meeting.  If the parent has not consented to the full IEP, those portions of the IEP to which the parent has consented must be implemented as soon as possible.  For those portions for which the parent did not consent, the remaining portions of the last agreed upon and implemented IEP will continue to be implemented. 

It is the responsibility of the case manager to assure that the IEP is implemented.  In general, the case manager is the student’s primary service provider.  When one or more special education teachers serve the student, the site instructional team will identify the case manager. 

5.7.2   Disagreement Regarding the IEP When Student is Receiving Special Education and Related Services

Parents may disagree with all or parts of an IEP.  Those portions of the IEP to which the parent consented must be implemented.  The remaining portions of the last agreed upon IEP remain in effect and must continue to be implemented.

Listed below are the steps the case manager and/or appropriate related service providers must follow if the parent does not consent to all or part(s) of the IEP.

The case manager must:

  • Ask the parent to indicate on the IEP signature page parent(s) level of consent. 
  • Document on the IEP Team Actionpage the portions to which the parent consents.  As well, document the portions to which the parent does not consent.
  • Ensure those portions of the IEP to which the parent consented are implemented.
  • Ensure that the remaining portions of the last agreed upon and implemented IEP continue to be implemented.  Clarify which portions will be implemented with all service providers including general education teachers.
  • Attach any written dissent to the IEP when the dissent is received.
  • Provide copies of the IEP to the parent.
  • Notify your district level support person of the parent’s disagreement with the IEP depending upon the circumstances and/or patterns.

District level support person will:

  • Review the case with the case manager to determine the issues and attempt to resolve them; and possible next steps.
  • Ensure that the site administrator is aware of the issues and the attempts made to resolve them. 

5.7.2.1      Disagreement Regarding an Initial IEP

If a parent does not consent to the initial IEP, no services can be provided.   A parent can, however, consent to eligibility and portions of the initial IEP (e.g., the parent may consent to speech and language services but no other services).   

If the parent does not consent to any parts of the initial IEP, the student remains a general education student.  The lack of consent must be documented on the Team Action page.  The team must document that the parent was informed that the student remains a general education student in every aspect, including discipline.  

5.8      Continuance of the IEP Team Meeting

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During an IEP team meeting, it may become apparent that the team cannot develop an appropriate IEP.  Such a situation might arise when the parent brings new information to the team meeting that was not covered in the assessments or when team professionals conclude that they do not have enough information to complete an IEP, or that additional assessments are indicated.  If such a situation arises, the case manager should:

  • Identify the circumstance making it difficult or impossible to complete the IEP.
  • Devise a plan to review or obtain the information needed using recommendations from the IEP team. (This may necessitate a revised assessment plan, for which parental signature is required.)
  • Document the reason for the continuance on the IEP Team Action page.
  • Obtain signed consent from the parent to carry out the assessment plan, if one is developed.
  • Recess the IEP team meeting until the information is reviewed or obtained.
  • Reschedule the IEP team meeting at a time, date and place convenient to team members. 

If the continuance would create an overdue event, lock the IEP (“IEP not completed due to time constraints”) and schedule the follow-up meeting.   This will prevent an overdue event.

5.9      Disseminating the IEP

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Upon completion of the IEP, copies of the IEP document and assessment reports are to be provided to the parent and staff (as appropriate).  Original documents are maintained in the student’s “Special Education Container” in the cumulative (cum) file.

In disseminating copies of the IEP, the case manager will:

  • Print a full copy of the IEP. 
  • Distribute copies of the IEP to the:
    • Parent.  Provide parent with a DRAFT copy of the IEP if the final version of the IEP has not been completed.  Upon completion of the IEP, provide a copy of the final IEP to the parent
    • Student’s special education container (original copy with signatures) within the student’s cumulative (cum) file.
    • General teacher(s), and Related Service providers.

Parent may elect to provide copies of the IEP to other service providers from outside agencies, e.g. Regional Center, and California Children’s Services (CCS). 

5.9.1      Disseminating the Assessment Reports

The assessment reports are disseminated with the IEP as follows:

  • Originals are filed in the student’s special education container within the cum file.
  • Copies are provided to the parent.
  • Copies are provided to Related Services providers, as appropriate.  

5.10      Service Provider Log

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Upon completion of the IEP, the case manager must make sure that each general education teacher, special education teacher, related service provider, and other service providers have been given information regarding his or her specific responsibilities related to implementing the student’s IEP.  This includes the specific accommodations, modifications and supports that must be provided to the student in accordance with the IEP. 

Teachers and service providers must read the IEP and understand their responsibility for services, including accommodations.  The case manager must review the IEP information with the student’s teachers/service providers on the following occasions:

  • Prior to the first day of school.
  • Whenever a new IEP has been developed.
  • Whenever a student transfers into a class with a new teacher or a new teacher is assigned to the student’s class. 

A notation in the log must be completed whenever a new IEP is developed or there is a change of service provider to indicate receipt of the information and/or new IEP (actual copies may be made available or the provider may access the IEP via the electronic IEP system).  The Signature Log for IEP Teacher/Service Provider must be completed by all case managers and verified by the site administrator.  The log must be maintained in the student’s special education container within the cum file. 

5.11      Annual Reviews

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The IEP team must meet at least annually to:

  • Review student’s progress on IEP goals;
  • Review the appropriateness of placement, programs and services, as designated in the IEP; and  
  • Develop an IEP for the next IEP year. 

note An annual IEP review meeting may be held prior to the annual review date.  However, that date cannot be later than the date of the next annual review.

An annual review must focus on the student’s present levels of educational performance.  The student’s present levels should contain information related to his/her progress on the annual goals determined at the previous IEP.  Progress on goals must be documented within the Present Levels in addition to a student’s progress in the general education curriculum.  A new IEP is developed which includes new annual goals based on the student’s skills and needs.  Short-term objectives or benchmarks are required for students taking alternative assessment, e.g., CAPA. 

5.11.1       Scheduling an Annual Review 

An annual IEP review should be scheduled prior to the anniversary of the previous IEP team meeting to ensure that the event is not overdue.  Reviews are also scheduled when there is a change of placement or at the request of the student’s parent or teacher. 

The case manager must follow the same procedures when scheduling an annual review of the IEP as when scheduling an initial IEP team meeting including following all timelines and notifying the team members of the meeting. 

The IEP team members must include:

  • Parent,
  • Special education teacher,
  • Administrator/designee,
  • General education teacher,
  • Current special education service provider(s) or representative(s),
  • Student (when appropriate), and
  • Other individuals may participate if they possess expertise or knowledge essential for the review.   Parents may extend this invitation. 

Annual Review for Graduating Student

There are no exceptions to convening the annual IEP.  For example, if an IEP is due is in May and the student is scheduled to graduate in June, the meeting must still be held. 

The student and/or parent/guardian (if conservators) must be made aware of the student’s impending end of special education services at age 22.  Any person who becomes 22 years of age during the months of January to June while participating in a special education program may continue his or her participation in the program for the remainder of the current school year, including any extended school year program.  Any person otherwise eligible to participate in a program under this part shall not be allowed to begin a new school year in a program if he or she becomes 22 years of age in July, August, or September of that new school year.

Any person who becomes 22 years of age during the months of October, November or December while participating in a special education program shall be terminated from the program on December 31 of the current school year, unless the person would otherwise complete his or her individualized education program at the end of the current school year; example:  a student who is enrolled in, and on track to complete a specialized training program.

5.11.2       Annual Review Outcomes

An IEP review may lead to one or more of the following results:

If…

Then the IEP team …

·                     The student is making appropriate progress toward goals.

·         Develop new goals based on grade level standards or functional levels for those students who take an alternate assessment; and, as appropriate, objectives.

 

·                     The student is not making sufficient progress toward annual goals.

·         Revises the student’s annual goals and short-term objectives, as appropriate.

·         Recommends additional services, revises accommodations and/or modification of existing services.

 

·                     The student has been found to have new areas of need not previously identified.

·         Recommends additional assessments.

·                     The student is found to be functioning at grade level in all areas.

·         Recommends a reevaluation to determine if the student continues to require special education services.

·                     The student’s needs are not being met in the current educational placement.

·         Determines next steps; change of service level or modification to existing services and/or accommodations.

·         If there is a recommendation for a possible change of placement, an assessment must occur.

 

 

An English language learner does not have sufficient knowledge of English.

·         Consults with district bilingual support resources.

·         Develops English-language acquisition goals and, as appropriate, objectives.

·         Initiates instructional services as needed.

 

·                     A student who had been determined to be an English Learner has made sufficient progress in English-language acquisition that he or she no longer needs EL services.

·         Consults with district bilingual support resources before withdrawing such services.

 

 

 

 
  
  

 

5.12       Triennial IEP Review

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note A Summary of Performance (SOP) is in addition to an annual or triennial review of a student terminating special education services due to graduation with a diploma or reaching maximum age of eligibility (22).  Refer to Chapter 25, Graduation Requirements and Summary of Performance for instructions on the SOP. 

A triennial reassessment of the student is required:

  • Every three years, or more frequently if conditions warrant.
  • Before the IEP team can determine that a student is no longer a “child with a disability.”
  • Before any changes in area of disability can be recommended.
  • Before any termination of services can be considered. 

5.12.1       The Reassessment Process 

The IEP team uses the triennial review/reassessment process to determine if:

  • The student continues to have a disability.
  • The student continues to need special education and related services.
  • Any significant additions or modifications to the student’s special education placement, services and/or related services are needed to enable the student to meet the measurable annual goals and to participate in the general education curriculum. 

During the reassessment process, the IEP team considers the following data:

  • Current classroom-based observations and assessments.
  • Information provided by the parents of the student.
  • The student’s current/updated present levels of performance and educational needs.
  • Teacher and related service providers’ information.
  • Updated health information, including vision and hearing screening.
  • Prior evaluations and/or progress on IEP goals and objectives.
  • Informal and formal (standardized) assessments. 

5.12.2       Scheduling Triennial Reviews or Reassessments 

The due date for the triennial review is one of the following dates:

  • Three calendar years from the date of the IEP team meeting of the last comprehensive assessment/evaluation.
  • Earlier than three years if requested by the parent or teacher.

An IEP team meeting specifically scheduled for the triennial reassessment must occur three years from the date of the last evaluation meeting.   This meeting also meets the need for an annual IEP review meeting.

  • The due date of the triennial reassessment shall be met whether or not there is receipt of signed consent on a proposed assessment plan for the triennial reassessment.  No new service areas can be added without the appropriate assessment(s) – which require signed consent.   If parent does not consent to the proposed assessment plan, or consents to part of the assessment plan, the reassessment may be comprised of a records review for those components to which the parent did not provide consent.
  • If consent is received less than 60 days before the due date for the triennial review, a records review will be used to consider continued eligibility.   Any new evaluation would trigger a new assessment review meeting.  Do not wait for this new assessment to occur to hold the Triennial Review IEP meeting. 

note Periodic progress reviews are performed annually and semiannually for infants and toddlers.  A reassessment is conducted prior to a student transitioning from birth-to-three infant program into a preschool program. 

5.12.3       Planning for the Triennial Review

Prior to the reassessment due date, the IEP team should determine if additional data will be needed to make the reassessment determination.  There are no requirements to conduct a comprehensive assessment unless requested to do so by the student’s parent or teacher(s).  Planning for the Triennial Review typically occurs during the annual review IEP team meeting prior to the Triennial Review date to consider whether the Triennial Review will be based on new assessments or a review of records.  The IEP team should make one of the following determinations:

 

·                     If the IEP team determines…

·                     Then…

·                     No additional information is neededin order to determine that the student continues to have a disability and continues to require special education and related services.

 

 

 

 

 

Additions or modifications to the student’s special education and services are needed to enable the student to meet the measurable annual goals and to participate in the general education curriculum.

 

Select the option on the IEP that indicates that the IEP team recommends using a review of records, data and progress for the next reevaluation. This discussion and recommendation usually occurs during the IEP review conducted closest to the triennial reassessment due date.

 

 

Schedule an IEP team meeting to discuss conducting a reassessment before the Triennial Review due date.

·                     Additional information is needed in order to complete the triennial reevaluation.

Select the option on the IEP that indicates that the IEP team recommends the development of a new assessment plan.  This discussion usually occurs during the IEP review conducted closest to the Triennial Review due date.

·      Develop a new assessment plan early enough to allow for receipt of parent consent and completion of assessments prior to the Triennial Review due date.

·      Schedule an IEP team meeting to review the assessments.

·      Conduct the Triennial Review by the due date.

·      Develop a new IEP based on the latest assessment results.

 

note An assessment report must be completed and available at the IEP team meeting whether existing records or new assessment data was used. 

5.13       Team Action

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The Team Action page is an important component of the IEP process frequently used to document if/for:

  • The IEP team meeting needs to be recovene.
  • To indicate the purpose for a supplemental IEP meeting.
  • To memorialize discussions or concerns that arise which don’t have an established place within the IEP document.  (example:  parent requests an assessment, team discusses, team - including parent - decide that it is not appropriate at that time)
  • Indicating additional assessment is needed
  • Note referrals are being made to outside agencies
  • Indicate a Prior Written Notice is being provided to parent
  • Note that Parent/Guardian/Student did not initial all areas on the IEP signature page (In this case, the District’s response, i.e. offer of FAPE, must be written on the Team Action)
  • Indicate those in attendance at the meeting that did not sign the IEP signature page
  • Listing which team members were excused per parent/district agreement 

5.14      Amending an IEP Without Convening an IEP Team Meeting

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An IEP may be amended without convening an IEP team meeting upon mutual agreement between the parent and district.  The agreement must be in writing and signed by both the parent/adult student (“parent”) and the district.  If either the parent or district does not agree to amend the IEP without convening a meeting, then a meeting will need to be scheduled and held with appropriate IEP team members. 

The following steps must be implemented to amend an IEP without convening a meeting: 

1.      Contact parent/adult student and discuss amendments to the current IEP.

2.      Identify which section(s) of the IEP needs to be amended.  IEPs can be amended when there is a change to the content of the existing IEP that is not considered a significant change.  Listed below are examples, not exhaustive lists, of when an IEP can be amended or when an IEP team meeting would be required.  

Amend Without Convening a Meeting

checkbox Increase or decrease number and/or hours/minutes of sessions student receives from related service provider such as speech/language, occupational therapy, adapted physical education. etc.

checkbox Increase or decrease number and/or hours/minutes of sessions student receives specialized academic instruction (but not a significant change in services).

checkbox Update/change in annual IEP goal and/or short-term objectives due to mastery or additions due to new events.

checkbox Change supports for instruction.

checkbox Change program modifications or supports for (general ed.) school personnel.

checkbox Change in school schedule.

checkbox Change in transportation as a related service.

checkbox Change in participation in state/district wide assessments. 

Must Convene an IEP Team Meeting

checkbox Develop an initial, annual or triennial IEP.

checkbox Review a 30-day interim placement.

checkbox Review assessment or reassessment results.

checkbox Add or terminate related service (other than transportation).

checkbox Change in primary service (e.g., placement in a separate/self-contained setting, placement at a nonpublic school, placement in general education instead of separate setting, etc).

checkbox Dismiss a student from special education.

checkbox Conduct a manifestation determination review.

3.      Document parent agreement for your records.

4.      Upon agreement from parent to amend the IEP, create an Amenedment IEP.

  • Make agreed upon changes.
  • Check the “Amendment” box on the Signature Page.  When this box is checked in the electronic IEP system, the only required signature fields are for the Parent and the Special Education Teacher (Case Manager).
  • On the signature line for the required team members (Parent and Special Education Teacher), indicate “Per Agreement.”
  • Open and save ALL pages of the cloned IEP.
  • Lock the amended IEP.

 

camera   Screen Shot

 

 

Check this line for Amendments on bottom of signature page.

Amendment agreed to by parent and district. In accordance with IDEA 2004, an IEP may be amended between annual IEP meetings
without the necessity of calling a new IEP meeting if agreed to by the parents and the district.

5.      Print a copy of the amended IEP, place in the student’s Special Education Container.

6.      Send the following to the parent:

  • Two (2) copies of the signed “Agreement to Amend an IEP Without Convening an IEP Team Meeting” (Forms/Links)
  • Amended (Supplemental) IEP, two (2) copies of the Signature Page, and the Team Action page describing what was amended.
  • Self-addressed envelope so parent can sign and return one copy of the Signature Page

7.      Upon receipt of signed agreement from parent, file signed agreement in the student’s special education container.