Legal Aspects of Special

Education and Social

Foundations

Legal Aspects of Special

Education and Social

FoundationsIndividualized

Education PlanChapter 11

Individualized Education Plan

Chapter 11

IEP FunIEP Fun

• Dr. Suess on IEP’s• 10 ten list• IEP Quiz

• Dr. Suess on IEP’s• 10 ten list• IEP Quiz

http://www.wrightslaw.com/info/iep.iq.quiz.htm

• 1. Must a child’s IEP address his or her involvement in the general curriculum, regardless of the nature and severity of the child’s disability and the setting in which the child is educated?

• 1. Must a child’s IEP address his or her involvement in the general curriculum, regardless of the nature and severity of the child’s disability and the setting in which the child is educated?

• 2.  Must the measurable annual goals in a child’s IEP address all areas of the general curriculum, or only those areas in which the child’s involvement and progress are affected by the child’s disability?

• 2.  Must the measurable annual goals in a child’s IEP address all areas of the general curriculum, or only those areas in which the child’s involvement and progress are affected by the child’s disability?

• 3.  Must the public agency inform the parents of who will be at the IEP meeting?

• 3.  Must the public agency inform the parents of who will be at the IEP meeting?

• 4.  Do parents have the right to a copy of their child’s IEP?

• 4.  Do parents have the right to a copy of their child’s IEP?

• 5. Must a public agency hold separate meetings to determine a child’s eligibility for special education and related services, develop the child’s IEP, and determine the child’s placement, or may the agency meet all of these requirements in a single meeting?

• 5. Must a public agency hold separate meetings to determine a child’s eligibility for special education and related services, develop the child’s IEP, and determine the child’s placement, or may the agency meet all of these requirements in a single meeting?

• 6. May IEP meetings be audio or video tape recorded?

• 6. May IEP meetings be audio or video tape recorded?

• 7. If a child with a disability attends several regular classes, must all of the child’s regular education teachers be members of the child’s IEP team?

• 7. If a child with a disability attends several regular classes, must all of the child’s regular education teachers be members of the child’s IEP team?

• 8. Do parents and public agencies have the option of inviting any individual of their choice to be participants on their child’s IEP team?

• 8. Do parents and public agencies have the option of inviting any individual of their choice to be participants on their child’s IEP team?

• 9. Are attorney’s fees available for parents’ attorneys (relating to their attendance at an IEP meeting) if the parents are prevailing parties in actions or proceedings brought under Part B?

• 9. Are attorney’s fees available for parents’ attorneys (relating to their attendance at an IEP meeting) if the parents are prevailing parties in actions or proceedings brought under Part B?

• 10. Must related services personnel attend IEP meetings?

• 10. Must related services personnel attend IEP meetings?

• 11. Must the public agency ensure that all services specified in a child’s IEP are provided? 

• 11. Must the public agency ensure that all services specified in a child’s IEP are provided? 

• 12.  Is it permissible for an agency to have the IEP completed before the IEP meeting begins?

• 12.  Is it permissible for an agency to have the IEP completed before the IEP meeting begins?

• 13. Must a public agency include transportation in a child’s IEP as a related service?

• 13. Must a public agency include transportation in a child’s IEP as a related service?

• 14. Must a public agency provide related services that are required to assist a child with a disability to benefit from special education, whether or not those services are included in the list of related services in Sec. 300.24?

• 14. Must a public agency provide related services that are required to assist a child with a disability to benefit from special education, whether or not those services are included in the list of related services in Sec. 300.24?

• 15. Must the IEP specify the amount of services or may it simply list the services to be provided?

• 15. Must the IEP specify the amount of services or may it simply list the services to be provided?

• 16. If a child’s IEP includes behavioral strategies to address a particular behavior, can a child ever be suspended for engaging in that behavior?

• 16. If a child’s IEP includes behavioral strategies to address a particular behavior, can a child ever be suspended for engaging in that behavior?

• 17. If a child’s behavior in the regular classroom, even with appropriate interventions, would significantly impair the learning of others, can the group that makes the placement decision determine that placement in the regular classroom is inappropriate for that child?

• 17. If a child’s behavior in the regular classroom, even with appropriate interventions, would significantly impair the learning of others, can the group that makes the placement decision determine that placement in the regular classroom is inappropriate for that child?

• 18. May school personnel during a school year implement more than one short-term removal of a child with disabilities from his or her classroom or school for misconduct?

• 18. May school personnel during a school year implement more than one short-term removal of a child with disabilities from his or her classroom or school for misconduct?

Individualized Education Plan (IEP)

Individualized Education Plan (IEP)

• Keystone of IDEA• Special education program

directed by IEP• Program monitored by IEP• Assures FAPE• Legal document

• Keystone of IDEA• Special education program

directed by IEP• Program monitored by IEP• Assures FAPE• Legal document

RequirementsRequirements

• Notice• Timeline• Parent involvement• Assessment• Team member involvement• Appropriate content• Implemented as planned

• Notice• Timeline• Parent involvement• Assessment• Team member involvement• Appropriate content• Implemented as planned

Ensure BenefitEnsure Benefit

• Assess of needs• Base goals on needs• Measurable goals• Provide necessary services• Monitor progress

• Assess of needs• Base goals on needs• Measurable goals• Provide necessary services• Monitor progress

Common ProblemsCommon Problems• Team representation• Parental input• Components• Goals• Transition• LRE• Services• Implementation• Timeline• Behavioral interventions

• Team representation• Parental input• Components• Goals• Transition• LRE• Services• Implementation• Timeline• Behavioral interventions

IDEA Amendments of ‘97 and ‘04

IDEA Amendments of ‘97 and ‘04

• Accountability• Scientifically based practices• Level of responsibility

• Accountability• Scientifically based practices• Level of responsibility

Purpose of IEPPurpose of IEP

• Communication• Management• Accountability• Compliance and monitoring• Evaluation

• Communication• Management• Accountability• Compliance and monitoring• Evaluation

IEP MandateIEP Mandate

• Meaningful educational benefit• Individualized

– Standardization– Available services– Categorical programming

• Complete before services• Due process

– FAPE– Parent participation– Educational benefit

• Meaningful educational benefit• Individualized

– Standardization– Available services– Categorical programming

• Complete before services• Due process

– FAPE– Parent participation– Educational benefit

IEP DevelopmentIEP Development

• Planning process– Referral– Consent– Assessment– IEP team– IEP– Placement

• Planning process– Referral– Consent– Assessment– IEP team– IEP– Placement

ProcessProcess

• Referral– Parent– School

• Notice to parent• Follow school-designed referral process

• Assessment– Consent from parent for assessment– Complete within at least 60 days– Determine presence of disability– Adversely affects educational performance– Consider results, student strengths, parents

concerns

• Referral– Parent– School

• Notice to parent• Follow school-designed referral process

• Assessment– Consent from parent for assessment– Complete within at least 60 days– Determine presence of disability– Adversely affects educational performance– Consider results, student strengths, parents

concerns

ProcessProcess

• Eligibility– Develop team– Set meeting within 30 calendar days– Eligibility criteria

• IEP development– Review results of assessment– Review current records– Develop plan for services– Document in IEP

• May bring draft IEP to meeting• Should not interfere in full discussion

• Eligibility– Develop team– Set meeting within 30 calendar days– Eligibility criteria

• IEP development– Review results of assessment– Review current records– Develop plan for services– Document in IEP

• May bring draft IEP to meeting• Should not interfere in full discussion

ProcessProcess

• Placement– Parental consent

• Fully informed• Understand contents• Agree to terms - voluntary and revokable

– Implementation• Timely• Delay permissable only due to timing of meeting

and need for time to make proper arrangements

• Placement– Parental consent

• Fully informed• Understand contents• Agree to terms - voluntary and revokable

– Implementation• Timely• Delay permissable only due to timing of meeting

and need for time to make proper arrangements

2004 Provisions2004 Provisions• Team member attendance

– Pertinent information– Direct involvement

• Meeting format– Face-to-face– Alternative format

• Changes to IEP– Documentation of changes– Amendments to IEP

• Team member attendance– Pertinent information– Direct involvement

• Meeting format– Face-to-face– Alternative format

• Changes to IEP– Documentation of changes– Amendments to IEP

2004 Provisions2004 Provisions• 3-year IEP

– Natural transitions– Long-range goals– Review at transitions

• Response to lack of consent– No provision of services– No liability

• Transfer students– Follow existing IEP– Parental contact– Assessment– New IEP if appropriate

• 3-year IEP– Natural transitions– Long-range goals– Review at transitions

• Response to lack of consent– No provision of services– No liability

• Transfer students– Follow existing IEP– Parental contact– Assessment– New IEP if appropriate

IEP TeamIEP Team

• Required– Parents/guardians– Special education teacher– General education teacher– Administrative representative– Interpreter when needed– Child when appropriate

• Required– Parents/guardians– Special education teacher– General education teacher– Administrative representative– Interpreter when needed– Child when appropriate

IEP TeamIEP Team

• Discretionary– Related service providers– AT specialist– Transition agency representative– Other invited specialists or guests

• Discretionary– Related service providers– AT specialist– Transition agency representative– Other invited specialists or guests

IEP ContentIEP Content

• Present levels– Academic achievement– Functional performance

• Annual goals• Services• General education participation• Testing participation• Dates• Transition services if appropriate• Progress reporting• Special considerations• Placement decisions

• Present levels– Academic achievement– Functional performance

• Annual goals• Services• General education participation• Testing participation• Dates• Transition services if appropriate• Progress reporting• Special considerations• Placement decisions

Substantive RequirementsSubstantive Requirements

• Parental participation• IEP review• Proper implementation of IEP• Private schools• Section 504

• Parental participation• IEP review• Proper implementation of IEP• Private schools• Section 504

LitigationLitigation

• Goals and objectives• Evaluation procedures• Student progress

• Goals and objectives• Evaluation procedures• Student progress

ApplicationApplication

• Sample IEP’s• Consider case

– PLP– Needs– Goal– Objectives– Services– General education participation– Placement

• Sample IEP’s• Consider case

– PLP– Needs– Goal– Objectives– Services– General education participation– Placement