Individual Education Plan (IEP)

• Must contain:
• present levels of academic achievement and functional performance
• how disability affects child's involvement and progress in general educational curriculum
• those who take alternate assessments for alternative achievement standards, description of short-term objectives
• measurable annual goals, including academic and functional goals, to make progress in general curriculum and to meet other educational needs that result from the child's disability
• description of how it will be measured
• special ed and related services based on peer reviewed research to extent practicable and statement of program modifications or supports for school personnel that will be provided for the child to meet annual goals
• participate in extracurricular and nonacademic activities and participate with other children with disabilities and non-disabled children and explain why child will not be with non-disabled children regular class and activities
• necessary accommodations for assessments
• explanation why alternate assessment necessary and identify the alt assessment
• projected date for service start date, anticipated frequency, location and duration
• Transition plan in first IEP that is in place the school year in which the student turns 16 years old
• appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills
• At least when child turns 17 statement that child informed that rights will transfer to student at age 18
• 20 USC 1414(d)(1)(A)
• Effective dates
• IEP must be in effect at beginning of each school year (20 USC 1414(d)(2)(A)) and
• reviewed at least annually and revised as appropriate to address lack of expected progress, results of re-evaluations, information provided by parents, child's anticipated needs, other matters (20 USC 1414(d)(4))
• Considerations in developing IEP:
• Strengths
• Parent's concerns
• Results of most recent evaluations
• FAD needs
• When behavior impedes child's or other children's learning, positive behavior interventions, supports, strategies to address behavior
• LEP language needs
• Braille
• Communication needs of child
• Need for assistive technology
• 20 USC 1414(d)(3)(A) and (B)
• Revisions to IEP
• Through the PET by consensus
• Exception:
• Changes can be made without a PET meeting if parent and school agree and written document amends or modifies IEP (20 USC 1414(d)(3)(D))
• Parental Consent:
• Must be given for services to begin. If not provided, school not have to provide the services.
• 20 USC 1414(a)(1)(D)(ii)(II)
• Research focus for instructional methodology
• Implementation of IDEA has been impeded by low expectations, and insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities (20 USC 1400(c)(4))
• High quality intensive pre-service preparation and professional development for all personal, including use of scientifically based instructional practices (20 USC (c)(5)(E))
• DOE establish qualifications to ensure personnel are appropriately and adequately prepared and trained, including possessing content knowledge and skills to serve children with disabilities (20 USC 1412(A)(14))
• Parents do not have an individual right of action under this section (20 USC 1412(A)(14)(E))
• School ensure all personnel necessary to carry out IDEA are appropriately and adequately prepared
(20 USC 1413(a)(3)) – failure to comply can result in state reducing or stopping payment until compliance after notice and opportunity for a hearing (20 USC 1413(d)(1)) with notice to public within school jurisdiction (20 USC 1413(d)(2))
• Services must be in Least Restrictive Setting (LRE)
• Continuum of services from least to most restrictive (reg. 11.3 – 11.11)
• Regular class placement at least 80% of time
• Resource room placement (outside regular class for less than 60% of day)
• Self-contained placement (outside regular class for more than 60% of day)
• Public separate day school placement
• Private separate day school placement
• Public residential placement
• Private residential placement
• Hospital/homebound placement
• Tutoring Services = Homebound
  MSER state "tutoring services shall be determined on an individual basis by the PET and shall consist of services necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student's I.E.P. Home-based tutorial services are usually appropriate for only a limited number of students, such as students who are medically fragile and are not able to participate in a school setting with other students." (MSER 5.8)
• In the Least Restrictive Environment continuum, home instruction is placed with Hospital placement, meaning VERY restrictive. (MSER 11.11)
• If tutoring will be more than 10 school days, PET needs to develop a new IEP
• If tutoring for more than 60 calendar days, certified special ed teacher must be the tutor (MSER 5.8)
• Parents should not have to transport for tutoring. If parents do, they should be reimbursed for mileage at the same rate as the school staff. (MSER 6.17)