Division of Students with Disabilities and English Language Learners May 2012

1. Developing High Quality IEPs Ensuring each student has access to their least restrictive environment Division of Students with Disabilities and English Language Learners May 2012

2. The Individualized Education Program (IEP) drives instruction for every child who receives special education services.

3. The IEP is a Legal Document Federal law: IDEA - Section 614(d)(1)(A)(i) In the United States an Individualized Education Program (IEP), is mandated by the Individuals with Disabilities Education Act (IDEA). NYS regulations: Section 200.4(d)(2) “If a student has been determined to be eligible for special education services, the Committee shall develop an IEP” The IEP is intended to help children reach their educational goals 34 CFR 300.320. In all cases the IEP must be tailored to the individual student's needs as identified by the IEP evaluation process, and must help teachers and related service providers understand the student's disability and how the disability affects the learning process. 3

4. Guiding Principles for IEP Development

5. The Development of an IEP Involves a Team IDEA 2004 300.321

6. Sections of the IEP 11) Placement 10) Special Transportation 9) Participation in State Assessments, and with Students without Disabilities 8) Coordinated Set of Transition Activities 7) Testing Accommodations 6) 12 month Services (if needed) 5) Programs and Services – Modifications & Supports 4) Reporting progress to parents 3) Annual Goals, Objectives / Benchmarks (if needed) 2) Measurable Post Secondary Goals and Transition Needs 1) Present Level Of Performance and Individual Needs

7. Developing High Quality IEPs Which Provide Access to the Least Restrictive Environment (LRE) • Making program recommendations consistent with the contents of all of the other sections of the student’s IEP • Justification/Rationale for Removing Students from General Education Setting

8. Least Restrictive Environment (LRE) • FEDERAL LAW, as cited in IDEA §300.114 • (i) To the maximum extent appropriate, children with disabilities are educated with children who are nondisabled; and • (ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.  [§300.114(a] • §300.116 Placements – A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum • NY STATE • The school must first consider placement in general education with appropriate support for the student and the student's teacher(s). • Alternative placements, such as special classes, special schools or other removal from the general education environment, would be considered only when the school determines that a student's education in regular classes cannot be satisfactorily achieved even with the use of supplementary aids and services.

9. New York State LRE Data IDEA Part B Comparison of State Level LRE Data (DAC- IDEA Data, 2008) Percent of students, ages 6 through 21, receiving special education services outside the regular class setting more than 60 percent of the school day. State Performance Plan Indicator 5: Least Restrictive Environment – School Age This definition includes students with disabilities in public schools, separate alternative schools, residential facilities. parentally placed in private schools, correctional facilities, and home or hospital environments. 48. Hawaii 28.93 49. New Jersey 29.19 50. New Hampshire 30.26 51. New York 32.46 52. District of Columbia 51.96

10. LRE Checklist • Use to inform decision-making in IEP meetings Front: Checklist Back: Quick reference to federal, state, and city laws and policy http://intranet.nycboe.net/NR/rdonlyres/E1700769-4971-4A5F-8DC8-669F9A9C80BD/0/LREChecklistFINAL_POST.pdf

11. Educational Benefit AlignmentDeveloping the IEP: Does it all connect? Support to minimize the impact of need “A” Need “A” Part time ICT for ELA to meet needs B, C, D Need “B” Need “C” Need “D” Restrictive program which is inconsistent with identified strengths and needs

12. Resources • Special Education Toolkit- IEP section • Model Forms: Student Information Summary and Individualized Education Program (IEP) • Developing IEPs linked to the Standards • Justification/Rationale for Removing Students from General Education Setting • Test Access and Accommodations for Students with Disabilities: Policy and Tools to Guide Decision-making and Implementation • Policy memorandum — Special transportation If you have any additional questions, please email: SpecialEducationReform@schools.nyc.gov