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Common IEP Errors and Legal Requirements

Common IEP Errors and Legal Requirements. Today’s Agenda. Parent Survey Results Procedural Compliance Self Assessment Results. Predictions. http://dpi.wi.gov/sped/doc/iep-top-ten-errors-selfassmt.doc. Parent Survey. Areas To Work On.

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Common IEP Errors and Legal Requirements

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  1. Common IEP Errors and Legal Requirements

  2. Today’s Agenda • Parent Survey Results • Procedural Compliance Self Assessment Results

  3. Predictions http://dpi.wi.gov/sped/doc/iep-top-ten-errors-selfassmt.doc

  4. Parent Survey

  5. 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 child’s progress on IEP goals. • The School explains what options parents have if they disagree with a decision of the school.

  6. Participation in Statewide Assessment • Individual test accommodations are required component of the student’s IEP • Alternate assessment • IEP meeting or agreement to change IEP without meeting

  7. Statement about child’s 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.) Participation Outside The Regular Education Classroom

  8. Schools Solicit Parental Input • Federal and state law • IEP team meetings & placement decisions • Ensuring FAPE • Draft vs. final IEP’s before the meeting

  9. Changes in IDEA 2004 Requirements: -goal -how measured -when reported 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 student’s 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 student’s 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 student’s progress toward meeting the annual goal be provided to parents? Communication on IEP Goals

  10. School Explains Dispute Resolution Options • Procedural safeguards notice • Native language • Easily understood • Posting on web site

  11. Procedural Compliance Self-Assessment

  12. 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.

  13. 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 child’s disability affects the child’s 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.

  14. 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.

  15. Amount and Frequency (#3 & 5) • LEA’s 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”

  16. Subset of review of existing data Instructional methodologies In any environment Doesn’t 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 Previous Interventions (#7)

  17. 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)

  18. Measurable Annual Goals (#9) • Measurable • Level of attainment • Address the disability-related needs • Benchmark and short-term objectives

  19. Written Prior Notice (#10) • After annual IEP or any revision • A reasonable time prior to the IEP’s implementation • DPI forms P-1 or P-2

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