Common IEP Errors and Legal Requirements

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Common IEP Errors and Legal Requirements
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Todays Agenda

• Parent Survey Results
• Procedural Compliance Self Assessment Results

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Predictions

• http//dpi.wi.gov/sped/doc/iep-top-ten-errors-self
  assmt.doc

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Parent Survey
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Areas To Work On

• At the IEP meeting, we discussed how my child
  would participate in statewide assessments.
• Written justification was given for the extent
  that my child would not receive services in the
  regular classroom.
• Teachers and Administrators seek out parental
  input.
• The School communicates regularly with me
  regarding my childs progress on IEP goals.
• The School explains what options parents have if
  they disagree with a decision of the school.

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Participation in Statewide Assessment

• Individual test accommodations are required
  component of the students IEP
• Alternate assessment
• IEP meeting or agreement to change IEP without
  meeting

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Participation Outside The Regular Education
Classroom

• Statement about childs participation outside
  the
• -regular class
• Must be in the IEP
• DPI form I-9

• INDIVIDUALIZED EDUCATION PROGRAM PROGRAM
  SUMMARY
• Form I-9 (Rev. 10/06)
• V. Participation in Regular Education Classes
•  
• ? The student will participate full-time with
  non-disabled peers in regular education classes,
  or for preschoolers, in age-appropriate settings.
• ? The student will not participate full-time
  with non-disabled peers in regular education
  classes, or for preschoolers, in age-appropriate
  settings. (If you have indicated a location
  other than regular education classes or
  age-appropriate settings in the case of a
  preschooler in I, II, or III above, you must
  check this box and explain why full-time
  participation with non-disabled peers is not
  appropriate.)

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Schools Solicit Parental Input

• Federal and state law
• IEP team meetings placement decisions
• Ensuring FAPE
• Draft vs. final IEPs before the meeting

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Communication on IEP Goals

• INDIVIDUALIZED EDUCATION PROGRAM ANNUAL GOAL
• Form I-6 (Rev. 10/06)
• Name of Student ________________________________
• Measurable annual academic or functional goal to
  enable the student to be involved in and progress
  in the general education curriculum, and to meet
  other educational needs that result from the
  students disability. (Note present levels of
  academic achievement and functional performance
  must include information that corresponds with
  each annual goal)
• Upon review ? Goal met ? Goal not met
• Procedures for measuring the students progress
  toward meeting the annual goal.
• Will the student participate in an alternate
  assessment aligned with alternate achievement
  standards for students with disabilities in any
  subject area?
• ? Yes ? No
• (If yes, include benchmarks or short-term
  objectives for the student)
• When will reports about the students progress
  toward meeting the annual goal be provided to
  parents?

• Changes in IDEA 2004
• Requirements
• -goal
• -how measured
• -when reported

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School Explains Dispute Resolution Options

• Procedural safeguards notice
• Native language
• Easily understood
• Posting on web site

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Procedural Compliance Self-Assessment
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The Top Ten Errors

• 1. Transition related goals and services
• 2. Review of existing evaluation data included at
  least one regular education teacher.
• 3. The statement of supplementary aids and
  services included anticipated frequency including
  the amount.
• 4. Review of existing evaluation data included a
  local education agency rep.
• 5. The statement of program modifications or
  supports for school personnel included
  anticipated frequency including the amount.

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The Top Ten Errors

• 6. Review of existing evaluation data included at
  least one special educator or special education
  provider of the child.
• 7. IEP team reviewed previous interventions and
  the effects when they determined whether the
  child is a child with a disability.
• 8. IEP included a description of how the childs
  disability affects the childs involvement and
  progress in the general curriculum.
• 9. IEP included measurable annual goals for the
  child.
• 10. Notice was given to parents before an update
  or change to the IEP.

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Review of Existing Evaluation Data (2,4 6)

• IEP team must review existing evaluation data and
  determine if additional data is needed.
• Review does not have to take place at a meeting.

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Amount and Frequency (3 5)

• LEAs level of commitment of resources must be
  clear
• Appropriate and stated in a way that is clear to
  all developing and implementing the IEP
• For each item
• Frequency (How much and how often)
• Location (Which classroom or other place)
• Duration (How long)
• As needed and upon student request

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Previous Interventions (7)

• Subset of review of existing data
• Instructional methodologies
• In any environment
• Doesnt apply to charter schools

• EVALUATION REPORT
• Form ER-1 (Rev. 10/06)
• TYPE OF EVALUATION ? Initial ?
  Reevaluation
• DATE ON WHICH ELIGIBILITY DETERMINATION WAS MADE
  _________________(month/day/year)
• THIS EVALUATION REPORT AND DETERMINATION OF
  ELIGIBILITY INCLUDES THE FOLLOWING (check all
  that apply)
• ? Information from review of existing data
• ? Additional documentation required when child is
  evaluated for a specific learning disability
• ? Information from assessments and other source
• ? Documentation for determining Braille needs for
  a child with a visual impairment
• ? Determination of eligibility for special
  education
• INFORMATION FROM REVIEW OF EXISTING DATA
• A. Summary of previous evaluations
• B. Information provided by parents
• C. Previous interventions and the effects of
  those interventions

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Involvement/Progress in General Curriculum (8)

• Statement in the IEP about the extent, if any, to
  which the child will not participate with
  non-disabled children in the
• -general curriculum

• Form I-4
• Will the student be involved full-time in the
  general education curriculum or, for
  preschoolers, in age-appropriate activities?
• ? Yes ? No
• (If no, describe the extent to which the student
  will not be involved full-time in the general
  curriculum or, for preschoolers, in
  age-appropriate activities)

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Measurable Annual Goals (9)

• Measurable
• Level of attainment
• Address the disability-related needs
• Benchmark and short-term objectives

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Written Prior Notice (10)

• After annual IEP or any revision
• A reasonable time prior to the IEPs
  implementation
• DPI forms P-1 or P-2